Citation: IN RE JAMES’ CLAIM, 1 U.S. 47 (1780)
Background of the Case:
During the American Revolutionary War, John Parrock was attainted of high treason, and his estate was seized and advertised for sale. Abel James filed a claim to establish his right to a vested remainder in Parrock’s estate, arguing that Parrock only had a life estate and no lawful issue.
Overview of the Case:
The case involved Abel James’ claim to a vested remainder in John Parrock’s estate, which was seized due to Parrock’s attainder for high treason. The court had to determine whether James’ claim was valid under the terms of Parrock’s will.
Issue of the Case:
The central issue was whether Abel James had a vested remainder in John Parrock’s estate, which would not be barred by Parrock’s attainder for high treason.
Facts of the Case:
John Parrock’s will devised the residue of his estate to him for life, with a remainder to his lawful issue if he had any. If Parrock died without issue or if his issue died under the age of twenty-one, the estate would go to Abel James, provided he paid a sum to the Pennsylvania Hospital. Parrock was attainted of high treason, and his estate was seized. Abel James filed a claim, arguing that Parrock only had a life estate and no lawful issue, and that he was entitled to the remainder.
Parties to the Case:
- Plaintiff: Respublica (the Commonwealth of Pennsylvania)
- Defendant: Abel James
Judgment on the Case:
The court ruled that John Parrock took an estate tail under the terms of his will, meaning the estate was forfeited by Parrock’s attainder. The court dismissed Abel James’ claim, as the estate was forfeited and did not pass to him.
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