Carter v. M'Michael
Supreme Court of Pennsylvania
In the Court of Common Pleas of Delaware county an ejectment was brought by the plaintiffs below Joseph Carter and Daniel Carter, plaintiffs in error against John Michael, and the following case was stated for the opinion of the court, to be considered as if the facts were found by a special verdict. Judgment was there entered for the defendant and removed to this court by writ of error.
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In the Court of Common Pleas of Delaware county an ejectment was brought by the plaintiffs below Joseph Carter and Daniel Carter, plaintiffs in error against John Michael, and the following case was stated for the opinion of the court, to be considered as if the facts were found by a special verdict. Judgment was there entered for the defendant and removed to this court by writ of error. Abraham Carter on the 29th of December, 1787, made his last will and testament, and on or about the 1st of April, 1789, died without altering or revoking the same, and it was afterwards duly proved. At the…
1Opinion of the Court
The opinion of the court was delivered by
Tighman, C. J.
This case depends on the will of Abraham Carter, and the question is, what estate passed in 50 acres of land devised by the testator, to his son Edward Carter. The following is the material part of the will. (His honour here read it.) There is no doubt that the testator intended to give an estate for life to his son Edward; because he has said so expressly, and has moreover restrained him from destroying the timber, which he would not have done, if he had intended to give him the inheritance. But if it should appear that the testator had…
2Cited by1 opinion
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