Criswell's Appeal
Supreme Court of Pennsylvania
Certiorari to the Orphans’ Court of Laivrence county. This was an appeal by Francis Criswell, in right of his wife Elizabeth, from the decree of the Orphans’ Court in the matter of the partition of the real estate of John Cheniworth, of Berkley county, Virginia, situate within the bounds of Mercer county, as they existed in 1814, the date of the will. The case was this: — John Cheniworth resided in Virginia, and was possessed of considerable real and personal estate.
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Certiorari to the Orphans’ Court of Laivrence county. This was an appeal by Francis Criswell, in right of his wife Elizabeth, from the decree of the Orphans’ Court in the matter of the partition of the real estate of John Cheniworth, of Berkley county, Virginia, situate within the bounds of Mercer county, as they existed in 1814, the date of the will. The case was this: — John Cheniworth resided in Virginia, and was possessed of considerable real and personal estate. He made his will in 1814, which was admitted to probate in 1820, by which he devised all his estate to his son and daughters.…
1Opinion of the Court
The opinion of the court Avas delivered,
by Strong, J.
That an estate given to a man and his wife for life, with a remainder in fee to their heirs, amounts to a freehold of inheritance in the first takers, was held in Auman v. Auman, 9 Harris 343. A similar ruling in this ease would give to Joshua Chinewith and his wife a fee simple in the lands devised to them by his father, unless it is so plain as to preclude misunderstanding, that the testator used the word 44 heirs” in the devise of the remainder, as a word of purchase. The presumption is that he used it in its ordinary legal sense, i. e.…
2Cited by13 opinions
- Glenn v. StewartSupreme Court of Pennsylvania · 1919
- Stout v. GoodSupreme Court of Pennsylvania · 1914
- Bowen's EstateSuperior Court of Pennsylvania · 1939
- Beck's EstateSupreme Court of Pennsylvania · 1909
- Lee v. SansonSupreme Court of Pennsylvania · 1914
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