delivered the opinion of the Court.

The duty of announcing the judgment of the Court, in this case, has been devolved upon me. I have fully discussed the questions, made in this appeal, in the circuit decree, and deem it unnecessary to add anything to the views which I have therein expressed.

It is ordered and decreed that the circuit decree be affirmed and that the appeal be dismissed.

We concur in the result. Our opinion is, that the case at bar does not fall within the Act of 1789, or either clause of it; but is a casus omissus ; and that the rights of the remainder-man stand as at common law.

Appeal dismissed.