Taylor v. Taylor
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Chester county: Of January Term 1870, No 232. This was an amicable action of assumpsit commenced November 19th 1869, by James N. Taylor against Alfred B. Taylor, in which the following case was stated for the opinion of the court. Obadiah Bonsall died, seised in fee of a message, &e., containing eighty-one acres.
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Error to the Court of Common Pleas of Chester county: Of January Term 1870, No 232. This was an amicable action of assumpsit commenced November 19th 1869, by James N. Taylor against Alfred B. Taylor, in which the following case was stated for the opinion of the court. Obadiah Bonsall died, seised in fee of a message, &e., containing eighty-one acres. By his will, dated April 6th 1837, and proved July 21st, of the same year, amongst other things, he devised as follows: “I give and bequeath unto my beloved wife Sarah Bonsall, and my daughter Susanna Bonsall, or in the case of the death of one…
1Opinion of the Court
The opinion of the court was delivered, February 7th 1870, by
Sharswood, J. —
The word “ issue” in a will means primá. facie the same thing as “ heirs of the body,” and in general is to be construed as a word of limitation, but this construction will give way, if there be on the face of the instrument sufficient to show that the words were intended to have a less extended meaning, and to be applied only to children, or to descendants of a particular class or at a particular time. There is less reluctance, indeed, to narrow the primff facie meaning of the word “ issue” than of the words “ heirs…
2Cases cited6 opinions
- Eichelberger v. BarnitzSupreme Court of Pennsylvania · 1840
- Lessee of Findlay v. RiddleSupreme Court of Pennsylvania · 1810
- Paxson v. LeffertsSupreme Court of Pennsylvania · 1831
- Purnell v. Morton Live Stock Co.Tennessee Supreme Court · 1928
- Langley v. HealdSupreme Court of Pennsylvania · 1844
1 more not listed; retrieve them via the Exa API.
3Cited by34 opinions
- Mayhew's EstateSupreme Court of Pennsylvania · 1931
- Estate of EichelbergerSupreme Court of Pennsylvania · 1890
- Appeal of PepperSupreme Court of Pennsylvania · 1888
- Ashhurst's EstateSuperior Court of Pennsylvania · 1938
- Stout v. GoodSupreme Court of Pennsylvania · 1914
29 more not listed; retrieve them via the Exa API.