Lessee of Jenks v. Backhouse
Supreme Court of Pennsylvania
UPON the trial pf this ejectment before Shippen C. J. and Smith j. at a Circuit Court for Bucks in May 1802, the plaintiff shewed a regular title to the premises in question,~ being part of a large patent, in Lawrence Growdon, who by his will devised the residue of his estate, including the lands in controversy, to his two daughters Grace and Elizabeth.
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UPON the trial pf this ejectment before Shippen C. J. and Smith j. at a Circuit Court for Bucks in May 1802, the plaintiff shewed a regular title to the premises in question,~ being part of a large patent, in Lawrence Growdon, who by his will devised the residue of his estate, including the lands in controversy, to his two daughters Grace and Elizabeth. Elizabeth and Thomas Nicholson her husband, and Grace and Joseph Gallowau her husband, who in his own right was entitled to one twenty-fourth of the patent, executed a deed of partition, and a^ottecland granted the premises in question by…
1Opinion of the Court
Yeates J.
delivered the opinion of the court.
The first point reserved is whether the trust descended by the intestate laws of this state to the six children of Thomas Jenks deceased, or to the lessor of the plaintiff, his oldest son and heir at the common law.
However general the words of our intestate act may be, it cannot be asserted that the legislature contemplated trust estates as governable thereby. None of the provisions which have been made by our municipal laws, seem applicable to interests purely legal. To speak of a widow having dower in lands vested in her husband on special trust…
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