Rea v. Bell
Supreme Court of Pennsylvania
Appeal No. 317, Oct. T., 1891, by defendant, from judgment of C. P. No. 2, Allegheny Co., Jan. T., 1891, No. 5, for plaintiff on case stated.
Read the full summary
Appeal No. 317, Oct. T., 1891, by defendant, from judgment of C. P. No. 2, Allegheny Co., Jan. T., 1891, No. 5, for plaintiff on case stated. On September 4,1891, a case stated was filed wherein John Rea was plaintiff and James R. Bell defendant, setting forth as follows: “ Henry Rea, Sr., being' the owner of the lots and houses hereinafter mentioned, died on the 29th day of Jan., 1886, having previously made his will, which after his death was duly probated and registered, by which will, (a copy of which, marked exhibit A, is hereby attached and made part of this case,) amongst other things,…
1Opinion of the Court
Per Curiam,
We are of the opinion that John Rea, the plaintiff, took an estate in fee-simple to the real estate in controversy, under the will of his father, Henry Rea, Sr. The devise is to John Rea, “his heirs and assigns, forever.” The fee thus given is not cut down by what immediately follows. The greatest effect that can be given to the subsequent language of the will, is that it is in restraint of alienation, and, under all the authorities, void.
Judgment affirmed. C.
2Cited by4 opinions
- Byrne's EstateSupreme Court of Pennsylvania · 1935
- Boulevard from Second StreetSuperior Court of Pennsylvania · 1910
- UNITED STATES v. 0.20 Acre of Land in New Alexandria Borough, Westmoreland CountyDistrict Court, W.D. Pennsylvania · 1947
- Everts v. Kepler, Pennsylvania Court of Common Pleas, Centre County1927