<p>This was an action of ejectment by Joseph Walker and others, heirs at law of Joseph Walker, deceased, against William Walker,</p> <p>Err,or to the Common Pleas of Chester county. to recover twenty acres of land in Chester county. The land in dispute was part of a larger tract, of which Joseph Walker died seised on the 2d day of November, 1818. The defendant claimed under a devise in the will of Joseph Walker, deceased, to his son Enoch Walker, and by regular conveyances from the devisee to himself.</p> <p>The will of Joseph Walker was as follows:—</p> <p>“ I, Joseph Walker, of Tredyffrin township, in the county of Chester, and state of Pennsylvania (farmer), being in good health, though almost deprived of sight, but being of sound mind, memory, and understanding, think it necessary at my advanced age to settle and adjust my worldly affairs, by making and ordaining this my last will and testament, in manner and form following:—</p> <p>“ I order and direct all my just debts and funeral expenses to be paid by my executors, to be hereinafter appointed. I give and bequeath unto my son, Isaac Walker, during his natural life, the farm he now occupies, described as follows, beginning — (here follows a description of the premises), supposed to contain about one hundred and nine. acres, be the same more or less, together with the privilege of the water to take and convey the same through my other land, in the same manner it is now used, three and a half days in every week for ever, with the privilege of taking and using in the same manner waiter of Rohoboth spring, through the meadow hereinafter to my son Thomas, and with privilege to clean the watercourse when necessary. But it is my will and I do hereby direct my son Isaac to lay off and convey to proper persons, six perches in breadth along the east side, two along the south side of the graveyard lot, until it comes straight with the west end of the present burying ground, for the use and convenience of Friends belonging to that meeting, after the decease of my son Isaac Walker. I give and bequeath this described lot of land unto my grandson Joseph Walker, son of Isaac Walker, to him, his heirs and assigns, for ever, subject to the following legacies to be paid when the said tract of land comes into the said Joseph’s possession. First, to my son Lewis Walker, two hundred pounds, to the surviving children of my daughter Naomi two hundred pounds, and to my granddaughters Anna James and Naomi Rhoads, twenty pounds each, and twenty pounds to my great-grandson Joseph Rowland, if he attain the age of twenty-one, but if he should die before that age, it is to be paid to the said Anna James and Naomi Rhoads equally. And one hundred pounds to the heirs of my son Joseph Walker, and with twenty pounds unto each of my grandchildren Walker, Sarah, and Eli Yarnall. I give and devise unto my son Thomas Walker, and to his heirs and assigns, subject to the following legacies, all my mansion-house and farm of one hundred acres or thereabouts, conveyed to me by my father, and the mill, and I also give, devise, and confirm to him, my said son Thomas, and to his heirs and assigns for ever, the ten acres of land bounded on the east corner of the above described tract devised to my son Isaac and grandson Joseph, and on the county line and Reese Howell’s land, and I also give, devise, and confirm to him, my said son Thomas, and to his heirs and assigns for ever, all that tract of ninety acres of land or thereabouts, lying between the tract before devised to my son Isaac and grandson Joseph, and the tract hereafter devised to my three sons, Jesse, Lewis, and Enoch, being part of the tract originally of three hundred and sixty-eight acres of David Powell's land, for which last-mentioned two tracts, that is to say, of ten acres and of ninety acres I have given to my said son Thomas, assurances of conveyance to him in fee simple by will or by deed, and I give unto my son Thomas, his heirs and assigns, nine acres off the west end of the hill land, which I bought of Isaac Potts, and I do hereby charge the mansion-house, farm, and mill given to my son Thomas, with the payment of seven hundred and fifty pounds to my son Enoch Walker, and with the sum of five hundred and fifty pounds to my son Lewis Walker, and with the payment of one hundred pounds to my daughter Naomi Thomas’ children, and with seven hundred and fifty pounds to my son Jesse Walker, and with one hundred and eighty-seven pounds ten shillings to my grandson William Walker, son of Jesse Walker, and finally with the payment of all my debts and dues and demands justly owing by me, if my personal estate, which I pledge for the same, should not prove sufficient to satisfy the same. I give and devise to my son Jesse Walker, his heirs and assigns, twenty acres of land, beginning at the corner of the mansion-house farm granted to Thomas Walker, reserving to said Thomas the privilege of the tail race continuing through the land, thence along Beaver’s line down to the line of the ninety acres tract granted to Thomas, thence along his line so far that on running a line back parallel with Beaver, it will contain twenty aeres. And I do hereby grant to my son Jesse, eight acres of the hill land adjoining the nine acres granted to my son Thomas, which I bought of Isaac Potts. And I do hereby grant and devise to my son Lewis Walker, twenty acres of land adjoining and running parallel with the twenty acres granted to my son Jesse, with eight acres of the hill land adjoining on my son Jesse’s part, to him, his heirs, and assigns. And I do hereby grant and devise to my son Enoch Walker, twenty acres of land adjoining and parallel with the twenty acres granted to my son Lewis, which will extend to the Swede’s ford, be the same more or less, and I grant unto my son Enoch the remaining part of the hill land bought of Isaac Potts, it being eight acres more or less; the above three grants of twenty acres are to include all the land laying between the ninety acre tract granted to Thomas Walker and the mansion-house tract, he the same more or less. Thomas to have the privilege of continuing the tail race through the tract granted to my son Jesse. I also give and devise to my son Jesse Walker, for and during his natural life, the dwelling-house, barn and mill or mills, at Laxawaxen falls in Pike county (formerly Wayne), with the ten acres part of the tract originally granted to William Halbert and Thomas Griffith tract, which lays on both sides of the Laxawaxen creek near or eontidious to the lower mills, and also that adjoining tract in said county, being No. 2, in the Marshall deed to Thomas Cadwalader, Esq., originally granted to Mordecai Roberts, for four hundred and thirty-nine acres and eighty perches, thence from the upper corner of said tract to the north-west corner of the tract granted to George Morton along the line of said tract to the north-east corner, thence along the east end of said tract and that line continued until it strikes the Griffith tract, at his decease, to his wife Catharine Walker, if she be living, for and during the term of her natural life, provided she continues his widdotv; but in case she should marry, my executors are to pay her two hundred pounds in lieu thereof, which they are to collect from the said property, and I give and devise the same and every part thereof to their son William Walker, his heirs and assigns, and as far and conserning all the residue and remainder of my estate at Laxawaxen in the county aforesaid, conveyed to me by Thomas Cadwalader and Mary his wife, I order and direct my executors or their survivors, or their executors or executors of each survivor, to demise the same at such rent for such term or terms as they may think most beneficial, or dispose of the same in fee simple if it should be by them deemed advisable, and which I hereby authorize them to do, and after deducting all proper charges to divide the rents or amount of sales as may be in eight equal parts, one part whereof I give to my son Isaac, one part to my son Thomas, one part to my son Lewis, one part to the heirs of my son Joseph, one part to my son Enoch, one part to my daughter Naomi Thomas’ children, one part to my daughter Zilla’s children, and one part to my daughter Priscilla’s children, equally; the children of such as may die previously, taking the share of their respective parents equally. I release my son Joseph from all debts due me, and I also release my son Enoch from all debts due me, and it is my express will and intention that the devises and bequests herein-before given to my respective sons and daughters, as well as any grants by me given, shall be taken and received upon this consideration only that they do respectively release and exonerate my estate of and from all debts due and demands, of every sort whatever, for labouring service or otherwise, by them or any of them claimed of me, or to be claimed of my executors; and I do hereby appoint Isaac Thomas and Enoch Walker, my sons, executors, of this my last will, hereby revoking all former wills by me made, and declaring this to be my last will and testament. In witness whereof I, the said Joseph Walker the testator, have hereunto set my hand and seal, this thirteenth day of twelfth month, 1817.</p> <p>Joseph Walker, [seal.] -</p> <p>Signed and sealed in the presence of us,</p> <p>Thos. J. Walker,</p> <p>Wm. Webb.”</p> <p>The plaintiffs contended, that the devise to Enoch Walker of the premises in dispute, was but of a life estate, and showed that he died in March, 1854, before the bringing of this suit. The facts were agreed upon by the parties in the nature of a special verdict.</p> <p>The court below (Haines, P. J.) entered judgment for the defendant.</p> <p>The plaintiffs removed the cause to this court, and assigned here for error, that the court below erred in entering judgment for the defendant.</p>
