Gause v. Wiley
Supreme Court of Pennsylvania
In Error. THIS case came before the Court, on a writ of error, to . the Common Pleas, of Chester county, in which it was an ejectment, brought by Caleb. Wiley, against William Gause. The opinion of the Court below was returned with the cord, unaccompanied by any bill of exceptions, or statement of facts. It was as follows : Wilson President. “ The title to the lands, demanded in this action, apppears to have been vested in Caleb Prew, in fee simple.
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In Error. THIS case came before the Court, on a writ of error, to . the Common Pleas, of Chester county, in which it was an ejectment, brought by Caleb. Wiley, against William Gause. The opinion of the Court below was returned with the cord, unaccompanied by any bill of exceptions, or statement of facts. It was as follows : Wilson President. “ The title to the lands, demanded in this action, apppears to have been vested in Caleb Prew, in fee simple. The plaintiff claims the land upon the ground, that by the will of Caleb Prew, an estate tail was devised by him, to his daughter Susanna, the…
1Opinion of the Court
Tilghman C. J.
Caleb Wiley, the plaintiff below, claimed as heir of the body of Susanna, the daughter and devisee of Caleb Prew, who was seised in fee of the land in dispute in this ejectment. The first question is, What estate was given to Susanna, by her father’s will, which was expressed in the following terms..
[The Chief Justice then read that part of the will, on which the question turned.]
Without doubt,. Susanna took an estate tail; for although in the immediate' devise to her, there is no limitation to the heirs of her body, and the charging her with the payment of two thirds of the…
2Cases cited4 opinions
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