Legal Opinion

Clark v. Scott

Supreme Court of Pennsylvania

Decided February 6, 1871PublishedCited by 3 opinions

Certificate from Nisi Prius: No. 434, to January Term 1871. This was an amicable action of covenant, commenced October 4th 1870, in which Jane Clark, Joseph Ash, Matthew Ash, James Ash, Joshua W. Ash, Robert P. Ash, Margaret G. Ash, George W. Ash,' Samuel S. Ash, Matthew F. Ash, Hannah Ann Ash, Earl S. Ash, and Humphrey M. Ash, the said Samuel S., Hannah Ann, Matthew F., Earl S., and Humphrey M., being the children of- Caleb Ash, deceased, were plaintiffs, and Thomas A.…

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Certificate from Nisi Prius: No. 434, to January Term 1871. This was an amicable action of covenant, commenced October 4th 1870, in which Jane Clark, Joseph Ash, Matthew Ash, James Ash, Joshua W. Ash, Robert P. Ash, Margaret G. Ash, George W. Ash,' Samuel S. Ash, Matthew F. Ash, Hannah Ann Ash, Earl S. Ash, and Humphrey M. Ash, the said Samuel S., Hannah Ann, Matthew F., Earl S., and Humphrey M., being the children of- Caleb Ash, deceased, were plaintiffs, and Thomas A. Scott defendant. The action was founded on a contract by which the defendant agreed to buy from the plaintiffs a messuage…

1Opinion of the Court

The opinion of the court was delivered,

by Sharswood, J.

The testator, Thomas P. Ash, after devising his residuary estate, real and personal, to several persons, declared that in case of the death of either of them before him, the devise or bequest should not lapse, “ but shall go to and be taken -by the heirs, executors or administrators of said legatees or devisees so dying, in the same manner as if the same had been specifically devised.”. He was evidently aware of the distinction between real and personal estate. He has used throughout his will, the words, legally appropriate to each. All…

2Cases cited2 opinions

  1. Seider v. SeiderSupreme Court of Pennsylvania · 1840
  2. Aspden's EstateUnited States Circuit Court · 1853

3Cited by3 opinions

  1. Webb's EstateSupreme Court of Pennsylvania · 1915
  2. Edwards v. StultsNew Jersey Court of Chancery · 1925
  3. Ackerman v. AckermanSupreme Court of Pennsylvania · 1907

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