Zimmerman v. Anders
Supreme Court of Pennsylvania
ERROR to the Common Pleas of Montgomery county. This was an action of ejectment for a messuage and 14 acres of land in Lower Salford township, in which George Anders, Jun. and Casper Schultz, poor-officers of the Schwenkfelder Society were plaintiff's and David Zimmerman defendant.
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ERROR to the Common Pleas of Montgomery county. This was an action of ejectment for a messuage and 14 acres of land in Lower Salford township, in which George Anders, Jun. and Casper Schultz, poor-officers of the Schwenkfelder Society were plaintiff's and David Zimmerman defendant. The following case was stated for the opinion of the court, with a right to either party to take a writ of error: Edmund Flinn, late of Lower Salford township in the said county of Montgomery, became in his lifetime lawfully seised in his demesne as of fee, of and in a certain messuage and tract of land situate in…
1Opinion of the Court
The opinion of the Court was delivered by
Sergeant, J.
The intent of the testator must govern, in the *220interpretation of wills, if there be nothing in that intent which conflicts with the regulations of law concerning the nature and enjoyment of estates. If there be a devise of land to one in fee with the power of absolute disposal superadded, and then a limitation over to another of what is left at his decease, it has been decided that such limitation over is void because it is repugnant, to the estate in fee first granted, and to the absolute gift to the first taker, and that was the point in…
2Cases cited2 opinions
- Jackson v. SebringNew York Supreme Court · 1819
- Jackson ex dem. Livingston v. RobinsNew York Supreme Court · 1818
3Cited by16 opinions
- Byrne's EstateSupreme Court of Pennsylvania · 1935
- Price v. MaxwellSupreme Court of Pennsylvania · 1857
- Williams v. PearsonSupreme Court of Alabama · 1862
- Clayton v. HallettSupreme Court of Colorado · 1902
- Burton's AppealSupreme Court of Pennsylvania · 1868
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