Caskey v. Brewer
Supreme Court of Pennsylvania
IN ERROR. Writ of error to the Court of Common Pleas of Mlegheny county, brought by Joseph Caskey, the plaintiff in errror arid plaintiff below, against Charles Brewer. The defendant pleaded covenants performed. The following case was stated for the opinion of the court, to be considered in the nature of a special verdict. " TV. Cecil, in his lifetime, was seised, in fee, inter alia, of a lot of ground in Pittsburg, marked in the plan thereof No. 116, on which he resided.
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IN ERROR. Writ of error to the Court of Common Pleas of Mlegheny county, brought by Joseph Caskey, the plaintiff in errror arid plaintiff below, against Charles Brewer. The defendant pleaded covenants performed. The following case was stated for the opinion of the court, to be considered in the nature of a special verdict. " TV. Cecil, in his lifetime, was seised, in fee, inter alia, of a lot of ground in Pittsburg, marked in the plan thereof No. 116, on which he resided. On the 10th of January, 1812, he made his will, containing among other things, the following devises:— I devise to my…
1Opinion of the Court
The''opinion of the court was delivered by
Huston, J.
The question arises on this clause of the will. The testator, after having devised to his daughters, Susanna and Maria, a part of a lot in Pittsburg, particularly described, to have and to hold the same 'to them respectively, and to their respective *443heirs and assigns for ever, and then some other devises, in nearly the same words', proceeds: — “ Fourthly. It is my will that if either of my said three daughters should die without issue, .that then the share of the said daughter shall go and vest in the other two daughters if living, or in the…
2Cases cited1 opinion
- Hawley v. Inhabitants of NorthamptonMassachusetts Supreme Judicial Court · 1811
3Cited by1 opinion
- Heffner v. KnepperSupreme Court of Pennsylvania · 1837