Nesbit v. Skelding
Supreme Court of Pennsylvania
Appeal, No. 144, Oct. T., 1905, by plaintiff, from judgment of C. P. No. 2, Allegheny Co., July T., 1905, No. 322, on verdict for defendant in case of David Frank Russell Nesbit, Thomas McFadden Nesbit and James Meek Nesbit v. Ellen P. Skelding. Ejectment for land in Moon township.
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Appeal, No. 144, Oct. T., 1905, by plaintiff, from judgment of C. P. No. 2, Allegheny Co., July T., 1905, No. 322, on verdict for defendant in case of David Frank Russell Nesbit, Thomas McFadden Nesbit and James Meek Nesbit v. Ellen P. Skelding. Ejectment for land in Moon township. Before Young, J. From the record it appeared that the land in question had been devised to William E. Nesbit, father of the plaintiffs, by the will of David E. Nesbit, the material portion of which is quoted.in the opinion of the Supreme Court. The defendant claimed title under foreclosure proceedings on a mortgage…
1Opinion of the Court
Opinion by
Mr. Justice Elkin,
The single question presented by this record is whether William E. Nesbit, father of the appellants, under the will of David E. Nesbit, deceased, took a fee simple or life estate. The language of the will is as follows: “ I give and bequeath to my son, William E. Nesbit, and his heirs after him, all my real estate, consisting of a farm and appurtenances in the township aforesaid.”
It is conceded that the word “ heirs ” as used in this as well as every-other will, is primarily a word of limitation, and will be so construed, unless it is so plain as to preclude…
2Cases cited4 opinions
- Criswell's AppealSupreme Court of Pennsylvania · 1862
- Reifsnyder v. HunterSupreme Court of Pennsylvania · 1852
- Price v. TaylorSupreme Court of Pennsylvania · 1857
- Hiester v. YergerSupreme Court of Pennsylvania · 1895
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