Lessee of Doughty v. Browne
Supreme Court of Pennsylvania
These causes came to trial at Nisi Prius¡ in PhilaJelphia, 0it the 25th February last, when a juror was withdrawn, and the following case submitted to the court.
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These causes came to trial at Nisi Prius¡ in PhilaJelphia, 0it the 25th February last, when a juror was withdrawn, and the following case submitted to the court. Samuel Browne being seised of the premises in question, died so seised, having made his last will in writing, dated 13th November 1797, whereby after directing the payment of his debts, and funeral expences, and bequeathing a legacy of iol. to his nephew, he devised as follows : “ Item, I give and bequeath to “ my beloved wife Louisa, all the rest of my estate, both real and “ personal, to be at her own disposal, immediately after my…
1Opinion of the Court
The court desired the counsel for the Brownes to begin.
Accordingly Messrs. Wells and Dickerson contended, that there were no express words in the will to vest the devisee with an estate in fee simple, nor did she take it by necessary implication. The clause under which Louisa took, was strangely inconsistent; the first part of it includes both real and personal estate, but in the close of the sentence, it is narrowed down to “ plate, monies, goods and chattels, debts, dues and demands.” Under such ambiguous words, the heirs at law of Samuel Browne, *shall not be stripped of this prop- p-jgQ…
2Cases cited1 opinion
- Schriver v. MeyerSupreme Court of Pennsylvania · 1852