Bradford v. Bradford
Supreme Court of Pennsylvania
These were actions of ejectment, brought in this Court to July Term, 1839, to recover a lot of ground in the City of Philadelphia.
Read the full summary
These were actions of ejectment, brought in this Court to July Term, 1839, to recover a lot of ground in the City of Philadelphia. The plaintiffs claimed as heirs of Thomas Bradford, deceased, who died in the year 1838, seised of the premises in question, and leaving three children and several grandchildren, the issue of deceased children; and leaving a will and codicil in the following words: “ Hoping that in him, who has preserved me.to the age of ninety years, and rendered me many blessings, I shall still find favour hereafter, I leave the disposal of that immortal part that decayeth not.…
1Opinion of the Court
*244The opinion of the Court was delivered by
Gibson, C. J.
Though any expressions in a.will may perform the office of technical terms, the intention must be manifest, and rest on something more certain than conjecture. This is the sum of the matter, as it is stated by Lord Kenyon, in Hay v. Coventry, (3 Term Rep. 85,) and Doe v. Mulgrave, (5 Term Rep. 323.) Guesses may be formed, said Lord Mansfield, in Doe v. Sheppard, (1 Doug. 78,) but that is not enough: perhaps quod voluit non dixit; conjectures may be made both ways. Lord Northington declared, in Stephenson v. Heathcote, (1 Eden Rep. 43,)…
2Cases cited1 opinion
- Bruckner's lessee v. LawrenceMichigan Supreme Court · 1843
3Cited by5 opinions
- Lanier v. RainsTennessee Supreme Court · 2007
- Joseph Wilkins v. David AllenSupreme Court of the United States · 1856
- Coffman v. CoffmanSupreme Court of Virginia · 1888
- McCullum v. McKenzieSupreme Court of Iowa · 1868
- Bradford v. MatthewsDistrict of Columbia Court of Appeals · 1896