Legal Opinion

Womrath v. McCormick

Supreme Court of Pennsylvania

Decided March 6, 1866PublishedCited by 13 opinions

Certificate from the Court of Wisi Prius. This was a proceeding in equity by Henrietta W. Womrath, Andrew K. Womrath, Frederick K. Womrath, Antoine M. L. Waters and Joseph T. Ford and Henrietta his wife in her right, against John McCormick, to compel the specific performance of a, contract to purchase real estate. George F. Womrath died seised in fee of a ground-rent of $400, out of a lot in Frankford.

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Certificate from the Court of Wisi Prius. This was a proceeding in equity by Henrietta W. Womrath, Andrew K. Womrath, Frederick K. Womrath, Antoine M. L. Waters and Joseph T. Ford and Henrietta his wife in her right, against John McCormick, to compel the specific performance of a, contract to purchase real estate. George F. Womrath died seised in fee of a ground-rent of $400, out of a lot in Frankford. By his will, dated February 17th 1859, he gave to his wife, Henrietta W. Womrath, for her life, the house and lot on which he resided, $500, all his furniture, &c. He further provided: “ I give…

1Opinion of the Court

The opinion of the court was delivered, by

Thompson, J.

It is almost impossible to distinguish this case from Manderson v. Lukens, 11 Harris 31. The provision in the will there was, that upon the death or intermarriage' of the decedent’s AvidoAV, his estate was to be equally divided between all his children “ Avhicli may then be alive, or who may have left legitimate heirs, share and share alike, &c.” The word “legitimate heirs” Avas construed “ issue,” the Avord used in this case; thus making the resemblance very complete. It was held to be a vested remainder in the children of the testator,…

2Cases cited2 opinions

  1. Adams v. WilliamsSupreme Court of Pennsylvania · 1841
  2. Frame v. StewartSupreme Court of Pennsylvania · 1836

3Cited by13 opinions

  1. Rau's EstateSupreme Court of Pennsylvania · 1916
  2. In re Estate of JacksonSupreme Court of Pennsylvania · 1897
  3. Raleigh's EstateSupreme Court of Pennsylvania · 1903
  4. Bair's EstateSupreme Court of Pennsylvania · 1916
  5. Chestnut Street Trust & Saving Fund Co. v. HartSupreme Court of Pennsylvania · 1907

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