George v. Morgan
Supreme Court of Pennsylvania
Error to tbe Common Pleas of Delatvare county. John Morgan, being seized in fee simple of tbe premises in dispute, made bis last will on tbe 6tb day of 8tb month, called October, 1744, wbicb will was proved on tbe 9tb day of December 1.744. By tbis will, inter alia, tbe said testator devised in tbe follow1ing words: “Also I give and bequeath unto my son Mordeeai, all that messuage or tenement plantation situate in Radnor aforesaid, called by tbe name of the Hall of Nantmell,…
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Error to tbe Common Pleas of Delatvare county. John Morgan, being seized in fee simple of tbe premises in dispute, made bis last will on tbe 6tb day of 8tb month, called October, 1744, wbicb will was proved on tbe 9tb day of December 1.744. By tbis will, inter alia, tbe said testator devised in tbe follow1ing words: “Also I give and bequeath unto my son Mordeeai, all that messuage or tenement plantation situate in Radnor aforesaid, called by tbe name of the Hall of Nantmell, wbicb I purchased of Richard Orme, deceased, with about thirty-eight acres of woodland, part of my other land…
1Opinion of the Court
The opinion of the court was delivered April 21, by
Bell, J.
The rule in Shelly’s case has been so repeatedly recognised as a feature of our law, that further discussion is precluded. In the recent case, Heilman v. Bouslaugh, 1 Harris 344, if not satisfactorily vindicated, it is, at least, shown to be a settled rule of property in Pennsylvania, not to be put aside but at the risk of unsettling titles, and the introduction of confusion and uncertainty. Indeed, our numerous concurring decisions on this point, if any effect is to be accorded to them, must terminate, in our courts, further…
2Cases cited2 opinions
- Lessee of Findlay v. RiddleSupreme Court of Pennsylvania · 1810
- Paxson v. LeffertsSupreme Court of Pennsylvania · 1831
3Cited by7 opinions
- Bittenbender v. State Employees' Retirement BoardCommonwealth Court of Pennsylvania · 1993
- Hays's EstateSupreme Court of Pennsylvania · 1926
- Harrison v. HarrisSupreme Court of Pennsylvania · 1914
- Breinig v. OldtSuperior Court of Pennsylvania · 1911
- Seybert v. HibbertSuperior Court of Pennsylvania · 1897
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