Barker v. Pearce
Supreme Court of Pennsylvania
Error, to the Common Pleas of Chester county. This was an amicable action of ejectment, by Lewis Anna Pearce, a minor, by her guardian, Azariah Thomas, against Matthew Barker, guardian of Walter Sloan Pearce, for the undivided half of a messuage, plantation, and tract of land, with lots of woodland adjoining, situate in the townships of East Whiteland, West Whiteland, and Charlestown, in the county of Chester.
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Error, to the Common Pleas of Chester county. This was an amicable action of ejectment, by Lewis Anna Pearce, a minor, by her guardian, Azariah Thomas, against Matthew Barker, guardian of Walter Sloan Pearce, for the undivided half of a messuage, plantation, and tract of land, with lots of woodland adjoining, situate in the townships of East Whiteland, West Whiteland, and Charlestown, in the county of Chester. The parties agreed upon a case stated, to be considered in the nature of a special verdict, and subject to a writ of error; from which the following facts appeared. Cromwell Pearce, of…
1Per curiam
— This land was devised to the testator’s son for life, with remainder to such child or children, born in lawful wedlock, as he should leave at his death. The son died, leaving one child then born, and the plaintiff is his posthumous child. Is she entitled to take under the terms of the will ? We have no kind of doubt that she is; and the authorities referred to by the defendant in error are abundant proof of this conclusion, without noticing another line of argument that might be equally decisive.
Judgment affirmed.
2Cited by4 opinions
- State v. AtwoodOregon Supreme Court · 1909
- Estate of HoustonSupreme Court of Pennsylvania · 1980
- Trattner EstateSupreme Court of Pennsylvania · 1958
- Estate of Langdon, Superior Court of California, County of San Francisco1899