“This is a bill in equity brought by some of the next of kin of Oliver Barnet, according to the statute of distributions of the state of New Jersey, against the administrator of Elizabeth Barnes, the executrix of the said Oliver Barnet, appointed by the orphan’s court of this state, pending a controversy in that court concerning the validity of the asserted will of the said Elizabeth, and the rest of the next of kin of Oliver, the testator.

“The defendant was tried by the same jury upon two indictments. One was for an assault committed at sea by defendant, master of the ship, on his mate, with intent to kill. The other for maliciously, and without justifiable cause, forcing the mate of his ship on shore at Batavia, a foreign port; and leaving him there.”

“The only question in the case is, whether Mary Dickenson took an estate in fee, or only a life estate in the land which is the subject of this suit? If the former, judgment must be given for the defendant; if the latter, then for the plaintiff.

“This case comes by appeal from the district court, where a pro forma decree, dismissing the libel, was given. The libel states that on the 24th of January last, the libellants, whilst in their oyster boats in the mouth of Back creek, in Delaware bay, saw the brig Dodge Healy drifting down the bay in a solid cake of ice, of about four acres in extent, from Cohanzey cove, about ten miles higher up the bay.

“The bill states that the female plaintiff is the daughter of Daniel P. Knight, formerly of Philadelphia, county, who, on the 22d of April 1808, conveyed to James Darrach, Thomas Bioren, and John Bioren, a certain real estate in trust for himself for life, and after his death, to the use of his said daughter in fee tail; and in default of issue, to the use of the children of Michael Knight, and his sister Elizabeth, as tenants in common in tail; and in default of such issue, then to the use of said Daniel P. Knight and his heirs. That the said Daniel P.

“This was an action of trespass against the defendant, the marshal of this district, for seizing certain teas imported into Philadelphia by Edward Thomson, in the ships Addison and Superior, under an execution at the suit of the United States against said Thompson; to which teas, the plaintiffs asserted a property in themselves.