Lawrence v. Lawrence
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Delaivare county : Of January Term, 1883, No. 244. Ejectment, by Lavinia J. Lawrence against Thomas D. Lawrence and Patrick Raidy, to recover the undivided one-half part of a certain tract of land in Havcrford township, Delaware county.
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Error to the Court of Common Pleas of Delaivare county : Of January Term, 1883, No. 244. Ejectment, by Lavinia J. Lawrence against Thomas D. Lawrence and Patrick Raidy, to recover the undivided one-half part of a certain tract of land in Havcrford township, Delaware county. On the trial, before Clayton, P. J., the following facts appeared: Both parties claimed title through one Clement Lawrence, whose will, dated October 16, 1844, and duly proved in November of the same year, contained the following item in regard to the land in question: “I give and devise unto Thomas D. Lawrence and…
1Opinion of the CourtJustice Trunkey
In ordinary language, when a testator gives an estate to a person and his heirs, with a limitation over in case of his dying without issue, he means that the devisee shall retain the estate if he leaves issue surviving him, and not otherwise. But at common law the established interpretation of words of limitation on failure of issue, whether the terms be “if he die without issue,” “if he die without having issue,” “if he have no issue,” or “if he die before he has any issue,” in absence of all words making a different intent apparent, is, that they import a general indefinite failure of…
2Cases cited1 opinion
- Eichelberger v. BarnitzSupreme Court of Pennsylvania · 1840
3Cited by2 opinions
- Decker v. New York Central & Hudson River RailroadSuperior Court of Pennsylvania · 1914
- Reinoehl v. ShirkSupreme Court of Pennsylvania · 1888