In the case of Josiah Garland v. Robert H. Wynn, Executor and Devisee of William Wynn, Deceased, the Supreme Court was asked to decide whether a contract between two parties could be enforced when one party had died before it was completed. The plaintiff in error argued that he had made an agreement with William Wynn for a certain sum of money to be paid upon completion of work on his land but that Mr. Wynn had passed away before payment could be made and thus his executor should not have been held liable for any debt incurred by Mr. Wynne prior to his death as there was no consideration given from him after he passed away. The court ultimately ruled in favor of the defendant stating that since both parties were alive at the time they entered into their agreement then it should still stand even if one party has since died; therefore, the executor must pay out what is owed according to said contract regardless if there is no further consideration given from either side after death occurs or not .

In this case, the Supreme Court was asked to decide whether a deed of trust created by William Wynn before his death could be enforced against Josiah Garland. The majority opinion held that it could not because the deed did not contain sufficient language to create an enforceable trust. Justice McLean dissented from this decision and argued that although the language used in the deed may have been imperfect, it still conveyed Wynn's intent to create a valid trust. He further noted that there were no other documents or circumstances which contradicted Wynn's intentions as expressed in his deed and thus concluded that Garland should be bound by its terms. In conclusion, Justice McLean believed that since there was nothing else indicating otherwise, any doubts about what Wynn intended should be resolved in favor of enforcing his wishes as expressed through his written instrument - namely, creating a valid trust with Josiah Garland being liable for its obligations under its terms.