Holme v. Harrison
Supreme Court of Pennsylvania
Aw action was brought in this court to the present term, by Holme against John C. Harrison, executor of the last will and testament of William Maghee, deceased; and the following case was stated for the opinion of the court.
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Aw action was brought in this court to the present term, by Holme against John C. Harrison, executor of the last will and testament of William Maghee, deceased; and the following case was stated for the opinion of the court. “ William Maghee was seized inter alia in his life-time, as of fee, of and in the lots and premises mentioned in the case entered, and made his last will and testament, dated the sixth day of September, 1821, in the words following : ‘ Be it remembered, That I, Williaih Maghee, of Lower Dublin Township, of the County of Philadelphia, being in sound health both of body and…
1Opinion of the Court
The opinion of the Court was delivered by
Sergeant, J.
The devise to the widow of “ a house to live in,” is but a life-estate. The garden is an incident to the house ; and the same interest passes. As to the other property the testator devises to his wife “ one-third part of all the estate.” The words “ all the estate” are now well settled to be referable to the quantity of interest, and to pass the fee. They therefore give her a fee-simple in all the rest of the property not previously disposed of. In the first-mentioned premises, therefore, Frances Maghee had an estate for life. In the rest…
2Cited by2 opinions
- Kearney v. KearneyNew Jersey Court of Chancery · 1864
- Howell v. PatryNew Jersey Court of Chancery · 1892