Lessee of Hauer v. Sheetz
Supreme Court of Pennsylvania
¶ j 'N an ejectment for lands in Dauphin, the jury found the - following special verdict: “ That Peter Sheetz, the father of the lessor of the plaintiff and of the defendant, being seised in his demesne as of fee, a Qf £[le lands and tenements in the declaration of ejectment . J stated and mentioned, on the 8th day of April 1795 made a j£;s jast wj]j ancl testament, prout the copy thereof hereunto 1J annexed, and on the 10th day of April in the same year, a make a codicil in…
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¶ j 'N an ejectment for lands in Dauphin, the jury found the - following special verdict: “ That Peter Sheetz, the father of the lessor of the plaintiff and of the defendant, being seised in his demesne as of fee, a Qf £[le lands and tenements in the declaration of ejectment . J stated and mentioned, on the 8th day of April 1795 made a j£;s jast wj]j ancl testament, prout the copy thereof hereunto 1J annexed, and on the 10th day of April in the same year, a make a codicil in writing to his last will and testament, ° . “prout the copy thereof hereto annexed, and died leaving u tjie saj¿…
1Opinion of the Court
Tilghman C. J.
delivered the opinion of the court.
This case arises out of the will and codicil of Peter Sheetz deceased. Whether his son Francis Sheetz, also deceased, took an estate in fee-simple in the land devised to him, indefeasible on his attaining the age of twenty-one, is the question. If he did take such án estate, then the plaintiff, his heir a't law, is entitled to recover; if not, the law is with the defendant.
The testator devised to his son Francis two tracts of land, “ to have and to hold the same to him and to his heirs and “ assigns for ever,” subject to the'payment of 2300/.,…
2Cited by11 opinions
- Doebler's AppealSupreme Court of Pennsylvania · 1870
- Rivenett v. BourquinMichigan Supreme Court · 1884
- Johnson v. MortonSupreme Court of Pennsylvania · 1849
- Jessup v. SmuckSupreme Court of Pennsylvania · 1851
- Holmes v. Lessee of HolmesSupreme Court of Pennsylvania · 1812
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