Chew's Appeal
Supreme Court of Pennsylvania
Certiorari to tlie Orphans’ Court of Philadelphia. This was an appeal by the executor of Samuel Chew, deceased, from the decree of the Orphans’ Court, confirming the report of the auditor, on the account of Harriet Carrol, administratrix de honis non eum testamento of Maria Chew, deceased.
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Certiorari to tlie Orphans’ Court of Philadelphia. This was an appeal by the executor of Samuel Chew, deceased, from the decree of the Orphans’ Court, confirming the report of the auditor, on the account of Harriet Carrol, administratrix de honis non eum testamento of Maria Chew, deceased. Maria Chew died March 27th 1840, having made a will in which, after sundry bequests and devises, she bequeathed the residue of her property, real and personal, to her sister, Henrietta Chew, “ for her sole and absolute use, control, and enjoyment, without impeachment of waste, during her natural life,” and…
1Opinion of the Court
The opinion of the court was delivered, by
Strong, J.
— To defend successfully the decree of the court below, it is incumbent upon the appellees to maintain one of two propositions: first, that Benjamin Chew took under the will of the testatrix, an estate in fee simple, or fee tail; or secondly, if his interest was only an estate for life, that the remainder to his children did not vest until after his decease.
The first proposition involves the inquiry, whether the disposition made by the testatrix is such an one as to require the application of the rule in Shelly’s Case.
The words of the will…
2Cases cited1 opinion
- King v. KingSupreme Court of Pennsylvania · 1841
3Cited by17 opinions
- Archer v. JacobsSupreme Court of Iowa · 1904
- Packer's EstateSupreme Court of Pennsylvania · 1914
- Matter of Estate of BloughSupreme Court of Pennsylvania · 1977
- In re TwaddellDistrict Court, D. Delaware · 1901
- Freeman's EstateSuperior Court of Pennsylvania · 1908
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