Zeisweiss v. James
Supreme Court of Pennsylvania
Certificate from 'Nisi Prius. This was a case stated, in which Amanda James, Anna N. James, and Mary A. Conover, with her husband O. H. P. Conover, were plaintiffs, and Nathaniel Z. Zeisweiss was defendant.
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Certificate from 'Nisi Prius. This was a case stated, in which Amanda James, Anna N. James, and Mary A. Conover, with her husband O. H. P. Conover, were plaintiffs, and Nathaniel Z. Zeisweiss was defendant. The facts submitted for the opinion of the court being as follows : Levi Nice, of the city of Philadelphia, died in April 1865, seised in fee of a tract of land in the county of Philadelphia, known as Oxford Lodge, having made his last will and testament by which he devised as follows:— “I give and devise unto my grand-nieces Mary A. Conover, wife of O. H. Perry Conover, and Anna N. James,…
1Opinion of the Court
The opinion of the court was delivered, January 13th 1870, by
Sharswood, J. —
It must be conceded that the devise by the will of Levi Nice to Mary A. Conover and Anna M. James, in fee simple, is reduced, by the subsequent words, to a life-estate to the devisees and the survivor of them, determinable, however, on their both refusing to reside on the homestead known as Oxford Lodge for the space of two months. The testator declares that in that event the said real estate is to go as directed in the next clause of his will; that is to say, in the same manner as if both of the devisees were dead.
The…
2Cases cited2 opinions
- Goddard v. PomeroyNew York Supreme Court · 1862
- Martin v. M'CordSupreme Court of Pennsylvania · 1836
3Cited by10 opinions
- Byrne's EstateSupreme Court of Pennsylvania · 1935
- Klumpert v. VrielandSupreme Court of Iowa · 1909
- State v. Morgan.Supreme Court of North Carolina · 1904
- In Re the Estate of LoomisSupreme Court of Kansas · 1969
- Kimberly's EstateSupreme Court of Pennsylvania · 1915
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