Boyd v. Weber
Supreme Court of Pennsylvania
Appeal, No. 112, Oct. T., 1899, by plaintiffs, from judgment of C. P. Greene Co., Jan. T., 1896, No. 275, on verdict for defendant. Ejectment for lot of ground in Waynesburg. Before Craweord, P. J. At the trial it appeared that plaintiffs claimed title under the will of Robert Whitehill, as children of Elizabeth Yeater. The material portion of the will was as follows: “ 8th.
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Appeal, No. 112, Oct. T., 1899, by plaintiffs, from judgment of C. P. Greene Co., Jan. T., 1896, No. 275, on verdict for defendant. Ejectment for lot of ground in Waynesburg. Before Craweord, P. J. At the trial it appeared that plaintiffs claimed title under the will of Robert Whitehill, as children of Elizabeth Yeater. The material portion of the will was as follows: “ 8th. To Elizabeth, the daughter of Kitty Yeater, I give the house and lot where John Irons now lives on High street, the house and lot formerly the old courthouse, and the house and lot where John Cunningham now lives on…
1Opinion of the Court
Opinion by
Mr. Justice Mitchell,
The devise to Elizabeth Yeater was clearly in tail. To Elizabeth “ and the heirs of her body ” would be the usual form of an estate tail, and the addition, “ or children,” is merely a cumulative description. The phrase, “ such heirs of her body, or children such as she shall leave living at the time of her death,” is not materially different. It adds a qualification as to the second takers, but does not alter the words of 'limitation of the devise: Hiester v. Yerger, 166 Pa. 445.
Being an estate tail in Elizabeth it was barred by her deed made for that purpose in…
2Cases cited4 opinions
- Hunt v. WallSupreme Court of Pennsylvania · 1874
- Hiester v. YergerSupreme Court of Pennsylvania · 1895
- Hogg v. AshmanSupreme Court of Pennsylvania · 1877
- Updegrove v. BlumSupreme Court of Pennsylvania · 1887
3Cited by2 opinions
- Wilson v. HeilmanSupreme Court of Pennsylvania · 1908
- Smith v. LindseySuperior Court of Pennsylvania · 1908