Theological Seminary v. Wall
Supreme Court of Pennsylvania
Certificate from the Court at Nisi Prius. This was an action of ejectment brought by The Philadelphia Theological Seminary of St. Charles Borromeo against Nicholas Wall, for the undivided moiety of several houses and lots in Philadelphia. The case was this; — In 1849, William Morris devised the premises in question to his sister and his nephews, Nicholas Wall and Henry A. Farrell.
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Certificate from the Court at Nisi Prius. This was an action of ejectment brought by The Philadelphia Theological Seminary of St. Charles Borromeo against Nicholas Wall, for the undivided moiety of several houses and lots in Philadelphia. The case was this; — In 1849, William Morris devised the premises in question to his sister and his nephews, Nicholas Wall and Henry A. Farrell. January 10th 1854, Wall and Farrell joined in a deed to Steiner, conveying the premises in fee, with intent to bar the entail, under the Act of Assembly. This deed was produced, and inspection showed it had never…
1Opinion of the Court
The opinion of the court was delivered, by
Thompson, J.
There was an attempt to bar the estate tail created by the will of William Morris, in his devise to his nephews, Nicholas Wall and Henry A. Farrell; but it is conceded that it was ineffectual by neglect to record the deed, as required by the Act of Assembly. But it is urged that the fact of the devise to a *356charity by Earrell amounts to a bar of the entailment. We do not think so. We find no such principle in our law, and no such clear line of English decision, as entitles us to adopt it as a principle which has descended to us from our…
2Cases cited1 opinion
- Masden's EstateSupreme Court of Pennsylvania · 1839
3Cited by1 opinion
- Mullen's EstateSupreme Court of Pennsylvania · 1921