Evans v. Evans
Supreme Court of Pennsylvania
In error from the District Court of Allegheny. Evans devised his lands equally to his sons George and Oliver, and his wife Sarah. Sarah devised to her two sons George and Oliver, “and to their heirs and assigns, share and share alike; but, should either of my two sons die without leaving lawful issue living at the time of his death, then the estate of such son, so dying without issue, shall vest in the surviving brother and his heirs for ever.”
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In error from the District Court of Allegheny. Evans devised his lands equally to his sons George and Oliver, and his wife Sarah. Sarah devised to her two sons George and Oliver, “and to their heirs and assigns, share and share alike; but, should either of my two sons die without leaving lawful issue living at the time of his death, then the estate of such son, so dying without issue, shall vest in the surviving brother and his heirs for ever.” Oliver died without issue, and his widow brought dower for the lands devised to her husband by his father and .mother. The court was of opinion that…
1Opinion of the CourtGibson, C. J.
Notwithstanding what the conveyancers and text-writers have said about the difficulty presented to us, not one of them has hinted at the true solution of it, except Mr. Preston. All agree that where the husband’s fee is determined by recovery, condition, or collateral limitation, the wife’s dower determines with it. But why a collateral limitation, rather than by any other limitation of the estate, which extinguishes the husband’s fee, of which the dower is -but an appendage ? I have a deferential respect for the opinions of Mr. Butler, who was, perhaps, the best conveyancer of his day; but I…
2Cited by3 opinions
- Safe Deposit & Trust Co. v. WoodSupreme Court of Pennsylvania · 1902
- McMasters v. NegleySupreme Court of Pennsylvania · 1893
- Morton's EstateSuperior Court of Pennsylvania · 1904