Matlack v. Roberts
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Chester county. This was an action of assumpsit, brought November 29th 1864, by Albert Matlack against Edwin Roberts, executor, &c., of John Roberts, deceased.
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Error to the Court of Common Pleas of Chester county. This was an action of assumpsit, brought November 29th 1864, by Albert Matlack against Edwin Roberts, executor, &c., of John Roberts, deceased. The circumstances on which this suit was founded are the following :— William Roberts, by his will, proved May 4th 1841, devised his land to his two sons, Joseph and John, charged with legacies to his daughters, and added this clause: — “ And in case of the death of either of my children unmarried or without issue, then I do order that the share of said child or children so dying, may be divided…
1Opinion of the Court
The opinion of the court was delivered, by
Agnew, J.
William Roberts devised his real estate to his sons, Joseph and John, and added this provision: “ And in case of the death of either of my children unmarried or without issue, then I do order that the shares of said child or children so dying may be divided equally among my surviving daughters or their heirs.”
Had it not been for the decision in Vaughan v. Dickes, 8 Harris 509, I would have thought this case fell within the exception stated by Sergeant, J., in Eichelberger v. Barnitz, 9 Watts 450, that a devise over, the devisee dying…
2Cases cited3 opinions
- Eichelberger v. BarnitzSupreme Court of Pennsylvania · 1840
- Langley v. HealdSupreme Court of Pennsylvania · 1844
- Sharp v. ThompsonSupreme Court of Pennsylvania · 1836
3Cited by1 opinion
- Hackney v. TracySupreme Court of Pennsylvania · 1890