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U. H. J.
Liber No. 36
Dec. 21
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2. Because by the liberal Devise to Samuel Dorsey it appears that
the Testator was very far from being destitute of the Feeling of
Parental Affection, and if he had not even made any Provision for
his Son Samuel in his Will, which I conceive would have been a
Case of greater Compassion than that which the Petition repre-
sented, it would be a most extraordinary and unprecedented Pro-
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p. 731
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ceeding to enact a particular Law for the very purpose of controuling
the Will of the Owner of Property which under the prior general
Legal Establishment He had an incontestable Authority to dispose
of as he thought proper.
3. Because the Motive of the Testator in annexing the Condition
in order to prevent his Son's marrying the Woman described in his
Will is not known and if known, (supposing the Effect of a Will
ought to depend upon the Propriety of the Testators Motive) might
appear to have been proper. In this State of uncertainty the possi-
bility of a proper just Motive (and such may be imagined) affords I
conceive a sufficient Reason for not controuling the Operation of
the general established Law by which the Owner of Property is
authorized to dispose of it by his Will not being inconsistent with
the policy of the Law in such manner as he thinks fit
4.th Because as the Motive for Annexing the Condition to the
Devise to Samuel Dorsey is not known, the Principle of this Act
may be I conceive inferred to have been that the Will of a Parent
ought to be controuled by a particular subsequent Legislative Act
if the Majority of the Legislators in their respective Branches
suspect the Motive of the Testator to have been such, as they imagine
would not have influenced their Conduct in a similar Situation and
that too supposed upon Conjecture only — a Principle which I con-
ceive if maintained with consistency by future Legislators may be
productive of great inconvenience.
5.th Because the Reasoning from the Circumstances that the
Devisees in the Will of Caleb Dorsey have joined in the Petition
for the Act of Assembly, is, I conceive of little weight inasmuch
as upon a Breach of the Condition annexed to the Devise to Samuel
the immediate Limitation is to Edward Dorsey who is an Infant,
of the Real Estate in Tail, and of the personal Estate absolutely:
for the further Limitation of the Personal Estate upon the Death
of Edward Dorsey the Infant without Heirs of his Body, is I
conceive void and the other Devisees in respect of the Limitation
over to them of the real Estate upon the Death of Edward without
Issue may transfer their Interest to Samuel without the aid of the
Legislature and Edward Dorsey when of Age would also have it in
his Power to relinquish the Benefit of the Condition in favor of
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