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John Lake and Sarah C. Lake, Wife of the said John, and Elizabeth Irion, an infant under twenty-one years, who sues by John Lane, her next friend, Complainants and Appellants, v. John W. Vick, Sargeant S. Prentiss et al., Defendants U.S. 464 (1845)

handle is hein.slavery/ussccases0319 and id is 1 raw text is: SUPREME COURT. JOHN LAN AND -SARAH C. LANE, WIFE OF THE SAID JOHN, AND ELI- ZABETH IRION, AN INF4NT UNDER TWENTY-ONE YEARS, WHO SUES jY JOHn LANE HER NEXT FRIEND, COMPLAINANTS AND APPELLANTS, V. JOHN W- .VICE, SAILGEANT S. PRENTISS ET AL., DEFENDANTS. Newit 'Vick made the following devises, viz.- 2dly. I will and bequeath unto my beloved wife, Elizabeth Vick, one equal share of all my personal estate, as is to be divided between -her and all of my chil- dren, as ler own right, and at her own disposal during her natural life; and also, for the term of her life on earth, the tract of land at the Open'Woods on •which I now reside, or the tracts near the river, as she may choose, reserv- ing two hundred acres however, on the upper part of the uppermost tract, to be laid offin town lots at the discretion of my executrix aud executors. dly. I will and dispose to each of my daughters, one equal proportion with my sons and wife, of all my personal estate as they come of age or marry; and to my'sons, one equal part of said personal estate as they come of age, toge- ther with all bf my lands, all of which lands I wish to be appraised,.valued, and divided when my son Westley arrives at the age of twenty-one years, the said Westley baving one part, and my son William having the other part of the tracts unclaimed by my wife, Elizabeth; and I bequeath to my son Newit, at the death of my said wife, that tract which she may prefer to occupy. I wish it to be-distinctly understood, that that'part of my estate which my son Hartwell has received shall be valued, considered as his, and as a part of his. portion qf my estate.. I wish my executors, furthermore, to remember, that the town lots now laid off, and hereafter to be laid off, on the aforementioned two hundred acres of land, should be sold to pay my'iust debts, or other engagements, in'preference to any other of my properly, for the use and benefit of all my heirs. From the-provisions'of the will it appears.not to have been the intention of the testator to include the town lots-,inthe devise of-his lands to. his sons. But thege town lots must be sold, after the payment of debts, for the 'use and benefit of all the heirs of the testaor. The'mere construction 'of a will by a State Court, does not, as the construction, of a .statute of t.e state, constitute a rule of decision for the courts of the United States. k such construction by a State Court had been long acqui- esced in, so.as to become a rule of property, this court would follow it. Tins was an appeal from the Circuit Court of the United States for the southern district of Mississippi, sitting as a court, of equity. The case was this. In 1819, Newit Yick, a citizen f the state of Mississippi, died, leaving a wife 'and the followi' children': So .-Haell Vick, John 'Wesfley Vick, William Vick, Newit H. Vick. . Daughters.-Nancy, Sarah, Mary, Eliza, Lucy, Matilda, Aman- da, 'Martha, Emily. .The wife, however, died in ; few minutes after her husband. In .October, 1819, the will of the deceased was admitted to pro, bate in, the Orphan's Court of Warren'county, and was as follows: In the name of God, Amen!' I, Newit Vick, of Warren county, and state of Mississippi, being of perfect mind and'memory, and'

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