Gable's Executors v. Daub
Supreme Court of Pennsylvania
Error to the Common Pleas of York county. This was an action of debt brought by Elias Tome and Michael Gable, executors of Veronica Gable, against Jacob Daub, on a bond executed by the defendant to the deceased, the consideration of which, with several others, was a tract of land in "Windsor township, York county, sold by her to the defendant, in which the following case was stated for the opinion of the court.
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Error to the Common Pleas of York county. This was an action of debt brought by Elias Tome and Michael Gable, executors of Veronica Gable, against Jacob Daub, on a bond executed by the defendant to the deceased, the consideration of which, with several others, was a tract of land in "Windsor township, York county, sold by her to the defendant, in which the following case was stated for the opinion of the court. On the 29th day of January 1829, Frederick Gable, the husband of Veronica Gable, deceased, made and published his last will and testament, by which he provided, among other things, as…
1Opinion of the Court
The opinion of the court Ayas delivered,
by Read, J.
Lord Mansfield, in Harwood v. Goodright, Cowper’s Reports, p. 90, thus states the laAv of England in regard to devises of lands : “ Though as to personal estate, the laAv of England has adopted the rules of the Roman testament, yet a deAise of lands in England is considered in a different light from a Roman will. For a Avill in the civil laAv was the institution of the heir. But a devise in-England is an appointment-of particular lands to a particular devisee, and is considered in the nature of a conveyance by Avay of appointment; and upon…
2Cases cited7 opinions
- Lewis v. LewisSupreme Court of Pennsylvania · 1841
- Mullock v. SouderSupreme Court of Pennsylvania · 1843
- Havard v. DavisSupreme Court of Pennsylvania · 1810
- Mullen v. M'KelvySupreme Court of Pennsylvania · 1836
- Skerrett v. BurdSupreme Court of Pennsylvania · 1836
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3Cited by3 opinions
- Spain's EstateSupreme Court of Pennsylvania · 1937
- Estate of QuinPennsylvania Orphans' Court, Philadelphia County · 1891
- Packer v. PackerSupreme Court of Pennsylvania · 1897