Legal Opinion

Geyer v. Wentzel

Supreme Court of Pennsylvania

Decided March 20, 1871PublishedCited by 2 opinions

March 6th 1871. Before Thompson, C. J., Read, Agnew and Sharswood, JJ. Williams, J., at Nisi Prius. Error to the Court of Common Pleas of Berks county: Of January Term 1871, No. 450. This was an amicable action of ejectment for a tavern and five acres of land, in Alsace township, Berks county, in which John Geyer and others, heirs at law of Henry Geyer, deceased, were plaintiffs, and Samuel B. Wentzel, executor, &c., of Sabilla Geyer, deceased, and Albert Schmeck and others,…

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March 6th 1871. Before Thompson, C. J., Read, Agnew and Sharswood, JJ. Williams, J., at Nisi Prius. Error to the Court of Common Pleas of Berks county: Of January Term 1871, No. 450. This was an amicable action of ejectment for a tavern and five acres of land, in Alsace township, Berks county, in which John Geyer and others, heirs at law of Henry Geyer, deceased, were plaintiffs, and Samuel B. Wentzel, executor, &c., of Sabilla Geyer, deceased, and Albert Schmeck and others, devisees under the will of the said Sabilla Geyer, were defendants. The action was commenced March 28d 1869, by filing…

1Opinion of the Court

The opinion of the court was delivered,

by Sharswoo», J.

Besides that the will of Henry Geyer is an instrument inartificially drawn, we have to labor to reach its meaning through the medium of a translation, which, as is well remarked by Cervantes, is like the wrong side of tapestry, where though we can distinguish the figures, they are confused and obscured by ends and threads. It is, however, sufficiently clear, taking the whole will together, that the testator meant to dispose of all his property — not to die intestate as to any part of it. He introduces the clause of disposition with the…

2Cases cited2 opinions

  1. Harper v. BleanSupreme Court of Pennsylvania · 1835
  2. Brown v. BoydSupreme Court of Pennsylvania · 1845

3Cited by2 opinions

  1. Weigley v. Coffman, Pennsylvania Court of Common Pleas, Philadelphia County1891
  2. Heiserman v. Coldren, Pennsylvania Court of Common Pleas, Lancaster County1951

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