113 U.S. 340 (1885)

McARTHUR & Others v. SCOTT & Others.

Supreme Court of United States.

Reargued April 7, 8, 9, 1884.

Decided March 2, 1885.

Attorney(s) appearing for the Case

Mr. Lawrence Maxwell, Jr., for appellants at the first argument. Mr. Maxwell and Mr. William M. Ramsey for appellants at the re-argument.

Mr. Richard A. Harrison for the appellees David H. Scott, Administrator of William Allen, deceased, David H. Scott, and Effie H. Scott, heirs at law of William Allen, deceased, at the first argument; and also at the rehearing in April.

Mr. John W. Herron for James M. Glenn, Trustee, appellee, at the first hearing.

Mr. W.T. McClintick for Dr. C.A. Trimble and Anna T. Madeira and others, heirs of Mary Trimble, deceased, appellees, at the first hearing.

Mr. Henry F. Page for Johnson Caldwell, Lawrence Crookham, Aristeus Hulse. Levi Luiz, Hepzibah Hulse, Sarah Florence, and others, appellees, at the first hearing.

Mr. P.C. Smith filed a brief on behalf of Jonas Hulse and Samuel M. Owens, appellees.

Mr. Maxwell and Mr. Ramsey for appellants, (their brief was also signed by Mr. Rufus King and Mr. S.J. Thompson). —

Mr. Harrison for appellees.

MR. JUSTICE GRAY delivered the opinion of the court.

This case presents three principal questions:

First. Whether the equitable estate in fee which Duncan McArthur by his will undertook to devise to his grandchildren, children of his five surviving children, was vested or contingent?

Second. Whether the devise of that estate, so far as it is to the present plaintiffs, was void for remoteness?



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