Moss v. Sheldon
Supreme Court of Pennsylvania
EJECTMENT for a lot on the west side of Front street, in the district of Southwark, in which the following case was stated for the opinion of the court: John Tittermary, being seised of an estate of fee simple in the premises, executed a conveyance to his daughter, Eleanor Mercer, bearing date April 11th 1806. John Tittermary died, and Eleanor Mercer continued in possession of the premises to the time of her death.
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EJECTMENT for a lot on the west side of Front street, in the district of Southwark, in which the following case was stated for the opinion of the court: John Tittermary, being seised of an estate of fee simple in the premises, executed a conveyance to his daughter, Eleanor Mercer, bearing date April 11th 1806. John Tittermary died, and Eleanor Mercer continued in possession of the premises to the time of her death. Eleanor Mercer had two daughters, both of whom died in the lifetime of their mother. One of her daughters, Eleanor Moss, left eight children, of whom the oldest is Joseph M. Moss,…
1Opinion of the Court
The opinion of the Court was delivered by
Sergeant, J.
The question in this case is as to the effect of *162the habendum in controlling and qualifying the estate granted in the premises. By the premises the estate given to Eleanor would be construed an estate tail vested in her, notwithstanding after the limitation to her and the heirs of her body legally begotten or to be begotten who shall survive her, it is declared that it is to be divided equally amongst them, or to such issue of such, (the grandchildren of the grantor), who may survive their i’espective parents, to be apportioned and divided…
2Cited by5 opinions
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- Bedford Lodge I. O. of O. F., No. 202 v. LentzSupreme Court of Pennsylvania · 1900
- Tyler ex rel. Southworth v. MooreSupreme Court of Pennsylvania · 1862
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