Walker v. Vincent
Supreme Court of Pennsylvania
Error to the Common Pleas of Mrie county. This was an amicable action in covenant, in wiicb Stephen C. Walker and Josephine his wife were plaintiffs, and B. B. Vincent and Wm. Himrod were defendants. The plaintiffs had sold to the defendants five out-lots in the second .section of Erie for $1750,. and covenanted to convey on the 1st July, 1851, in fee simple; and at the time appointed there was tendered to the defendants a deed for the lots in fee.
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Error to the Common Pleas of Mrie county. This was an amicable action in covenant, in wiicb Stephen C. Walker and Josephine his wife were plaintiffs, and B. B. Vincent and Wm. Himrod were defendants. The plaintiffs had sold to the defendants five out-lots in the second .section of Erie for $1750,. and covenanted to convey on the 1st July, 1851, in fee simple; and at the time appointed there was tendered to the defendants a deed for the lots in fee. The deed was refused, and the question submitted in the case agreed upon was, whether Mrs. Walker, who claimed the lots under the will of her…
1Opinion of the Court
The opinion of the Court was delivered, by
Lowrxe, J.
Under the will of P. S. V. Hamot, Mrs. Walker takes a fee-simple, and not a life estate, and therefore the judgment should have been entered for the plaintiff, instead of the defendant.
The will is, “I devise to my daughter, Josephine M. Walker, and to her legal heirs,” and then it proceeds to describe the property, and adds, “ all of which I devise to my said daughter, and to her heirs for ever, with this express condition, and provision, that she shall not alien or dispose of the same, or join in any deed or conveyance with her husband for…
2Cited by12 opinions
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- Glenn v. StewartSupreme Court of Pennsylvania · 1919
- Grossman v. HillSupreme Court of Pennsylvania · 1956
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