Coles v. Ayres
Supreme Court of Pennsylvania
Appeal, No. 312, Jan. T., 1893, by defendant, Louis H. Ayres, from judgment of C. P. No. 3, Phila. Co., Dec. T., 1892, No. 657, in favor of plaintiffs, Edward Coles et al., on cases stated. Assumpsit. Case stated to determine title under will.
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Appeal, No. 312, Jan. T., 1893, by defendant, Louis H. Ayres, from judgment of C. P. No. 3, Phila. Co., Dec. T., 1892, No. 657, in favor of plaintiffs, Edward Coles et al., on cases stated. Assumpsit. Case stated to determine title under will. From the case stated it appeared: That Edward Coles, the father of plaintiffs, died in 1868, having first made his will dated July 26, 1865, and a codicil thereto dated May 17, 1866, duly proved July 14, 1868, at Philadelphia, in and by which will and codicil he devised and bequeathed inter alia as follows: (Item 10 of will.) “ All the rest, residue and…
1Opinion of the Court
Opinion by
Mr. Justice Mitchell,
The tenth item of the will passed a fee simple to testator’s children, under the act of 1833, unless it appear that he intended to devise a less estate. The only question is whether such intention appears in item eleven. The language of the latter item would be sufficient to sustain an executory devise, if such was the testator’s intent; but such an intent must appear from the words, it will not be presumed.
So far from appearing however, such intent is negatived by the language used. The expression “ if both my children should die intestate ” is a clear…
2Cases cited5 opinions
- Mickley's AppealSupreme Court of Pennsylvania · 1880
- King v. FrickSupreme Court of Pennsylvania · 1890
- Stevenson v. FoxSupreme Court of Pennsylvania · 1889
- Karker's AppealSupreme Court of Pennsylvania · 1869
- Edwards v. BarnardSupreme Court of Pennsylvania · 1877
3Cited by8 opinions
- Cryan's EstateSupreme Court of Pennsylvania · 1930
- Mitchell v. Pittsburg, Fort Wayne & Chicago Ry.Supreme Court of Pennsylvania · 1895
- Freeman's EstateSupreme Court of Pennsylvania · 1924
- Miller v. StubbsSupreme Court of Pennsylvania · 1914
- Crandell v. BarkerNorth Dakota Supreme Court · 1898
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