Clark v. Baker
Supreme Court of Pennsylvania
Ejectment. THIS was an ejectment for 37 acres of land, in Pas-syunk township, Philadelphia county, m which a case was stated for the opinion of the Court, as follows : Theodorus Lord,, being seised in fee, inter alia, of the premises in question, made his will on the 12th August, 1758, and, after ordering his funeral expenses and debts to be paid out of his personal estate, and bequeathing some legacJes, proceeded as follows : “ Item.
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Ejectment. THIS was an ejectment for 37 acres of land, in Pas-syunk township, Philadelphia county, m which a case was stated for the opinion of the Court, as follows : Theodorus Lord,, being seised in fee, inter alia, of the premises in question, made his will on the 12th August, 1758, and, after ordering his funeral expenses and debts to be paid out of his personal estate, and bequeathing some legacJes, proceeded as follows : “ Item. I give and bequeath that tract of land, which I “ got by my wife, Martha Lord, computed to be about forty "acres, to my grand-daughter, Eleanor Lord, and her…
1Opinion of the Court
Tilghman C. J.
The question in this case arises on the will of Theodoras Lord. What estate was given to the testator’s daughter Mary, and grand-daughter Eleanor, and what to Daniel Williams, under whom the plaintiff claims ? In order to support the title of the plaintiff, it must be shewn, that Daniel Williams took a vested remainder in fee. We must endeavour to ascertain the intention of the testator ; and that being done, it, will only remain to consider, whether the intention be consistent with law. But the intention is to be made out, not by conjecture, but from the words of the will; and…
2Cases cited1 opinion
- Hawley v. Inhabitants of NorthamptonMassachusetts Supreme Judicial Court · 1811
3Cited by2 opinions
- Eichelberger v. BarnitzSupreme Court of Pennsylvania · 1840
- Heffner v. KnepperSupreme Court of Pennsylvania · 1837