Patterson v. Swallow
Supreme Court of Pennsylvania
Error to the District Court of Philadelphia. This was an action of covenant, upon a ground-rent deed, brought by the heirs of Sarah Burd deceased, against Jacob Swallow, to recover arrears of ground-rent. The plaintiffs alleged that the testatrix having attempted to devise said ground-rent by a clause in the codicil to her will, which was incomplete and void for uncertainty, she died intestate as to it.
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Error to the District Court of Philadelphia. This was an action of covenant, upon a ground-rent deed, brought by the heirs of Sarah Burd deceased, against Jacob Swallow, to recover arrears of ground-rent. The plaintiffs alleged that the testatrix having attempted to devise said ground-rent by a clause in the codicil to her will, which was incomplete and void for uncertainty, she died intestate as to it. The residuary devisees, through defendant, claimed said ground-rent under the general language of the residuary clause. The clause in the codicil is as follows:— “ Item 24. — I give and devise…
1Opinion of the Court
The opinion of the court was delivered, by
Woodward, J.
In the codicil to Sarah Burd’s will there are thirty-one successive “items,” numbered from 14 to 46 inclusive, each of which describes, with great particularity, a ground-rent in the city of Philadelphia, and each of which items begins, “ I give and devise unto , heirs and assigns, the ground-rent,” &c. But there is not the name of a devisee in any one of the items, nor a reference to persons, which might be explained by extraneous evidence. Following this is a bequest of her “ yellow carriage” to Edward Shippen, and a list of loans and…
2Cases cited4 opinions
- Van Kleeck v. Dutch ChurchNew York Supreme Court · 1838
- Van Kleeck v. Ministers of the Reformed Dutch ChurchNew York Court of Chancery · 1837
- Greene v. DennisSupreme Court of Connecticut · 1826
- Stehman v. StehmanSupreme Court of Pennsylvania · 1833
3Cited by2 opinions
- Gray's EstateSupreme Court of Pennsylvania · 1892
- Conner's EstatePennsylvania Orphans' Court, Philadelphia County · 1926