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Walton v. Willis

Walton Versus Willis

Walton v. Willis, 1 U.S. (1 Dall.) 265 (1788)
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Court
Supreme Court of the United States
Decided
April 1, 1788
Citations
1 U.S. 2651 Dall. 265
Summary
WHERE an heir at law took an intestate’s lands at a valuation,it had been the practice of the Orphans Courts throughout the State, only to require him to give Bonds to those who were entitled, under the Act of Assembly, to a distributive share of the estate.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion

The Chief Justice said, in the course of the argument in this cause, that the practice above mentioned, was illegal and improper; for, the Orphans Courts ought, instead of Bonds, which are a mere personal security, to take Recognizances, by which the lands themselves would be bound for the payment of the distributive shares. He added, that the Court would not enter into a retrospect upon this subject; but that, for the future, they would expect a conformity to the opinion now given.

* * For the decision in the principal case, see post.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1815–1816: 11819–1820: 11827–1828: 218152026peak 1827 · 2

Relies on it most ⓘ

  1. Kean v. Franklin5 Serg. & Rawle 147 (1819)
  2. Allen v. Reesor16 Serg. & Rawle 10 (1827)
  3. Taggart v. Cooper ex rel. Semple1 Serg. & Rawle 497 (1815)
  4. Gilmore v. Commonwealth17 Serg. & Rawle 276 (1828)

Most recent

  1. Gilmore v. Commonwealth17 Serg. & Rawle 276 (1828)
  2. Allen v. Reesor16 Serg. & Rawle 10 (1827)
  3. Kean v. Franklin5 Serg. & Rawle 147 (1819)
  4. Taggart v. Cooper ex rel. Semple1 Serg. & Rawle 497 (1815)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 1

DepthCaseCited by
Henry v. Risk, 1 U.S. (1 Dall.) 265 (1788) 7

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