Legal Opinion

Elliott v. Pearsoll

Supreme Court of Pennsylvania

Decided September 15, 1844PublishedCited by 1 opinion

ERROR to the Common Pleas of Payette county. • Elizabeth Elliott and others, children of John Elliott deceased,' against William Pearsoll and Isabella M’Cormick. This was an action of ejectment to recover a tract of 286 acres of land.

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ERROR to the Common Pleas of Payette county. • Elizabeth Elliott and others, children of John Elliott deceased,' against William Pearsoll and Isabella M’Cormick. This was an action of ejectment to recover a tract of 286 acres of land. The questions arose upon the following facts: , Edward Elliott by his last will and testament, dated 13th March 1811, and proved 22d September 1813, devised the tract of land in dispute as follows: “ I give, devise and bequeath unto my son, John Elliott, all the remainder of lands, to be by him enjoyed during his life, and at his death to be enjoyed by his…

1Opinion of the Court

The opinion of the Court was delivered by

Gibson, C. J.

It is a postulate of the plaintiffs’ case that their father, John Elliott, took no more than an estate for life by the will of their grandfather, David Elliott, and that they took in remainder as purchasers; but he took clearly a fee-tail. The land was devised “ to be enjoyed by him during his life, and at his death to be enjoyed by his heirs, and so on in tail for ever.” What heirs 1 Not his children merely, but such as should be capable of inheriting from him as issue, and consequently as heirs of his body. The devisor probably knew not…

2Cited by1 opinion

  1. Waters v. MargerumSupreme Court of Pennsylvania · 1869

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