Edwards v. Barnard
Supreme Court of Pennsylvania
Error to the Common Pleas of Delaware county: Of January-Term 1877, No. 156. Amicable action of covenant by Enos P. Barnard against Milton Edwards, wherein a case was stated for the opinion of the court, of which the following are the substantial portions, in so far as they relate to the question involved in this case.
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Error to the Common Pleas of Delaware county: Of January-Term 1877, No. 156. Amicable action of covenant by Enos P. Barnard against Milton Edwards, wherein a case was stated for the opinion of the court, of which the following are the substantial portions, in so far as they relate to the question involved in this case. Jacob Painter died in November 1876, leaving a will, which contained, inter alia, the following clauses:— “Item 2. I give to my nephew, Enos P. Barnard, son of my deceased sister Sarah, all the land lying southward of the land devised to my sister Ann, and west of the road…
1Opinion of the Court
The judgment of the Supreme Court was entered,
2Per curiam
The devise to Enos P. Barnard was expressly to him, his heirs and assigns. This clearly gave him full power over the estate in his lifetime. He could therefore sell and convey it at pleasure, there being no legal restriction upon his power. The proviso which it is supposed operates upon his estate in fact imposes no restrictions upon the power of alienation, but is simply an attempt on the part of the testator to provide for a contingency of dying without children, to enable Enos to devise the estate; a power which he would possess by the very…
3Cited by1 opinion
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