Lessee of Haines v. Witmer
Supreme Court of Pennsylvania
Jaocb Haines being seized of certain lands in Lancaster county, in fee simple, made his will in writing, dated,3d of 7th month 1762, duly proved, whereby he devised to his wife Hannah, her riding mare, and sundry other specific articles, to her and her heirs forever ; also 121. per annum, to be paid her as is hereafter devised, the Indian corn patch, the north end of the house, &c.”
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Jaocb Haines being seized of certain lands in Lancaster county, in fee simple, made his will in writing, dated,3d of 7th month 1762, duly proved, whereby he devised to his wife Hannah, her riding mare, and sundry other specific articles, to her and her heirs forever ; also 121. per annum, to be paid her as is hereafter devised, the Indian corn patch, the north end of the house, &c.” Then came the following devise ;“I give, bequeath and devise to my son Daniél Haines, all that tract of lands which my wife’s grandfather gave her as a legacy, except ten acres to be taken off next to John Haris’s…
1Opinion of the Court
M’Kean, O. J.
Not having heard the arguments of counsel on this question, my decision must be founded on precedents, and the law, as it seems to me to be settled.
The manifest intention of the testator, collected from the whole will, if not contrary to law, is the polar star to guide the construction of wills, and must prevail.
Courts are bound by the uniform current of precedents. For deviating from what has been the course for a long series of time, though originally founded on fallacious grounds, -would be productive of greater injury to society, from the uncertainty it introduces, than…
2Cited by6 opinions
- Braden v. CannonSupreme Court of Pennsylvania · 1854
- Heffner v. KnepperSupreme Court of Pennsylvania · 1837
- James's ClaimSupreme Court of the United States · 1780
- Sharp v. ThompsonSupreme Court of Pennsylvania · 1836
- Braden v. CannonSupreme Court of Pennsylvania · 1855
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