Rewalt v. Ulrich
Supreme Court of Pennsylvania
Error to the Common. Pleas of Dauphin county. Action by William Rewalt and Elizabeth his wife, against the executors of her grandfather, Michael Ulrich, to recover a legacy claimed by her under his will.
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Error to the Common. Pleas of Dauphin county. Action by William Rewalt and Elizabeth his wife, against the executors of her grandfather, Michael Ulrich, to recover a legacy claimed by her under his will. Her title to the legacy was not disputed ; but the defence was that her title was only for her life, with a quasi remainder to her children, or to the testator’s children, and that she had not given bail in accordance with the Act of Assembly; and this defence was sustained below. The whole case turned upon the construction of the words of bequest in her favor, which are as follows:— “ My…
1Opinion of the Court
The opinion of the Court was delivered by
Lowrie, J.
If we take this provision just as it stands, it amounts to a gift to her for life, and then to her heirs, and that is equivalent to an absolute gift. But it is apparent that he meant issue by the word heirs: and if he had used that word, it is quite apparent that *390the clause would have been construed an entailment; and that, when relating to personal property, is also equivalent to an absolute gift. There is nothing here, as in many reported cases, that ought to induce us to reject this consequence of the word issue. Here the gift is absolute…
2Cited by5 opinions
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- Radford v. . RoseSupreme Court of North Carolina · 1919
- Barrett's EstateSuperior Court of Pennsylvania · 1903
- Hunt v. . JonesSupreme Court of North Carolina · 1917