Supreme Court of the United States
James Carver, Plaintiff in Error vs. James Jackson, on the Demise of John Jacob Astor, Theodosius Fowler…
March 18, 183029 U.S. 1
Summary
The Supreme Court affirmed the circuit court’s judgment for the plaintiff, holding that the deed of marriage settlement was properly admitted as evidence, that its lease recital created an estoppel running with the land, that the children’s remainder was vested and not defeated by the 1779 attainder, that the power to dispose was personal and not transferable, and that the claim for improvement compensation was barred by the 1783 treaty.
Holding
- Whether the certificate of execution and registration of the marriage settlement deed constitute sufficient prima facie evidence of its execution and delivery for admission at trial.. The Court held that under New York law the certificate of execution and subsequent registration provide sufficient prima facie evidence of both execution and delivery, justifying admission of the deed to the jury.
- Whether a recital of a lease in a deed of release is conclusive evidence against all persons claiming under the parties in privity of estate.. The Court held that the recital of the lease creates an estoppel that runs with the land and is conclusive evidence against all persons in privity of estate.
- How the marriage settlement deed should be construed with respect to the estate passing to the children and the effect of the 1779 attainder act on that remainder.. The Court held that the children’s remainder was vested in fee once born and was not defeated by the 1779 attainder act.
- Whether the power to dispose of land granted in the settlement is a personal power that can be transferred by the attainder act to the state.. The Court held that the power to dispose is personal to the parents and not an estate that can be transferred by the attainder act.
- Whether a claim for compensation for improvements made on the land is permissible under the 1783 Treaty of Peace and related New York statutes.. The Court held that the claim for improvements is inconsistent with the Treaty of Peace and must be rejected.
Cited by
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- Thomas Somes
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- Commonwealth v. James H. Costley James H. Costley v. Commonwealth
- George W. Russ & others v. Abram M. Alpaugh
- Thomas Somes
- Western Union Telegraph Co. v. American Bell Telephone Co.
- George H. Davis v. William J. Moyles