Davenport v. Harris
Supreme Court of Pennsylvania
Certificate from the Court of Nisi Prius. Amicable action in partition. The parties were as follows:— Charles H. Davenport, William B. Potts and Catharine S. his wife, in right of said Catharine, Stephen Kimball and Mary 0. his wife, in right of said Mary, Edmund R, Davenport by his guardian, Daniel W. Neff, and the said Stephen Kimball, Trustee of said Catharine, Charles, and Mary for their lives.
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Certificate from the Court of Nisi Prius. Amicable action in partition. The parties were as follows:— Charles H. Davenport, William B. Potts and Catharine S. his wife, in right of said Catharine, Stephen Kimball and Mary 0. his wife, in right of said Mary, Edmund R, Davenport by his guardian, Daniel W. Neff, and the said Stephen Kimball, Trustee of said Catharine, Charles, and Mary for their lives. VERSUS Caroline D. Harris and John Harris, Trustee of said Caroline.- CASE STATED. “Catharine Hollingshead, dec’d, seized of twenty-three distinct pieces of real estate with the appurtenances,…
1Opinion of the Court
The opinion of the court was delivered
by Lowrie, J.
The principal estate granted by Mrs. HoIIxngshead’s will, not being an estate tail, but only a life estate, the future estates limited thereon, which were not sure to take effect in possession within twenty-one years, and the usual fraction after the determination of the life estate, were void in their creation; and such is the character of the estates attempted to be created in favor of the grandchildren of the tenant for life.
It follows that the reversion, after the estates that were well created, vested in the heir at law of Mrs.…
2Cited by4 opinions
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