Legal Opinion

Lentz v. Lamplugh

Supreme Court of Pennsylvania

Decided December 15, 1849PublishedCited by 3 opinions

In error from the Common Pleas of Montgomery. Dec. 26. Ejectment. Catharine Lentz died seised of the premises in question. By her will she devised “to my son John $1000 more than one-fifth of my whole real estate, to he paid out of the remaining four-fifths to be willed to my daughters.” To three of her daughters she devised by several clauses “ one-fifth of my whole real estate,” and to another “ the remaining one-fifth of my real estate.”

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In error from the Common Pleas of Montgomery. Dec. 26. Ejectment. Catharine Lentz died seised of the premises in question. By her will she devised “to my son John $1000 more than one-fifth of my whole real estate, to he paid out of the remaining four-fifths to be willed to my daughters.” To three of her daughters she devised by several clauses “ one-fifth of my whole real estate,” and to another “ the remaining one-fifth of my real estate.” After disposing of her personal property, and making some provisions respecting the shares of two of the daughters, she added, “ it is my will, and I so…

1Opinion of the Court

Jan. 3.

Gibson, C. J.

There is little difficulty in determining that John Lentz had an estate by the will, which might have been bound by a judgment. The gift of a thousand dollars more than a fifth part of the whole real estate, was not a bequest of money, but an implied devise of land, the numerical amount being used only as a measure of quantity. John, therefore, took by implication a fifth part of the real estate, and the worth of a thousand dollars more, either in land or money, charged on the other four-fifths—it is unnecessary to say which. No power was given to sell, except by the…

2Cited by3 opinions

  1. Colonial Tr. Co. (Mccully) v. FlanaganSupreme Court of Pennsylvania · 1942
  2. Mitek v. Ste-Mel Signs, Inc.Supreme Court of Pennsylvania · 1972
  3. Hughes v. Dundee Mortgage & Trust Investment Co.United States Circuit Court · 1886

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