Bennett v. Robinson
Supreme Court of Pennsylvania
ERROR to the common pleas of Westmoreland county. John Bennet and Rebeeca'his wife against Matthew Robinson’s executors and terre-tenants, &c. This action was brought to recover the one-third of the profits arising from a tract of land devised by Matthew Robinson, to his son Isaac, for one year from April 18, 1838, till April 18, 1839, being 150 dollars.
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ERROR to the common pleas of Westmoreland county. John Bennet and Rebeeca'his wife against Matthew Robinson’s executors and terre-tenants, &c. This action was brought to recover the one-third of the profits arising from a tract of land devised by Matthew Robinson, to his son Isaac, for one year from April 18, 1838, till April 18, 1839, being 150 dollars. Matthew Robinson, by his last will dated December 24, 1832, devised to his wife Rebecca, as follows: — “I allow my wife one-third of the profits arising off of my real estate, only so long as she remains my widow.” Rebecca, the widow, was…
1Opinion of the Court
The opinion of the court was delivered by
Gibson, C. J.
By the civil law, a condition in restraint of marriage, is void when it is annexed to a legacy without a limitation over; a devise of land is governed by the common law. Now a devise of profits, is a devise of the land from which they are to accrue; and what is the nature of the estate given by the terms of this will? “ I allow my wife,” says the testator, “one-third of the profits arising off all my real estate only so long as she remains my widow.” Now this is not a devise upon condition, but a plain and distinct conditional limitation…
2Cited by8 opinions
- Clark v. Tennison ex rel. BrowningCourt of Appeals of Maryland · 1870
- Cooper v. PogueSupreme Court of Pennsylvania · 1880
- Harmon v. BrownIndiana Supreme Court · 1877
- Helm v. LeggettSupreme Court of Arkansas · 1898
- Mickey's AppealSupreme Court of Pennsylvania · 1863
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