Eichelberger v. Barnetz
Supreme Court of Pennsylvania
CASE STATED. Amicable scire facias to revive a judgment, in which a case was stated in the nature of a special verdict. The recovery of the original suit was had upon a statement for the first instalment of a legacy of fifteen hundred pounds, bequeathed, by Frederick Eichelberger, deceased, to the plaintiff The interest due on the judgment was paid to the plaintiff before the entry of this scire facias, and the. defendants offered to pay the. principal, if the plaintiff…
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CASE STATED. Amicable scire facias to revive a judgment, in which a case was stated in the nature of a special verdict. The recovery of the original suit was had upon a statement for the first instalment of a legacy of fifteen hundred pounds, bequeathed, by Frederick Eichelberger, deceased, to the plaintiff The interest due on the judgment was paid to the plaintiff before the entry of this scire facias, and the. defendants offered to pay the. principal, if the plaintiff would give reasonable security to refund the same, in case he should die without issue, which security the. plaintiff…
1Opinion of the Court
The opinion of the court was. delivered by
Gibson, C. J.
A chattel cannot be entailed; and where it is bequeathed by words which, if used in reference to land, would vest an express estate tail; the interest passes absolutely. But, in regard to words that would vest an estate tail by implication, a diversity has been attempted, and sometimes apparently with success.- There, it *295has been said, the contingency of dying without issue is, in no case, too remote to supports limitation over by way of executory devise, the words dying without issue being taken in the popular sense. And the reason given…
2Cited by3 opinions
- Kinnard v. KinnardSupreme Court of Pennsylvania · 1836
- Eby v. EbySupreme Court of Pennsylvania · 1846
- In re Eichelberger's EstateSupreme Court of Pennsylvania · 1847