Stewart v. Kenower
Supreme Court of Pennsylvania
ERROR to the Common Pleas of Cumberland county. This was an action of ejectment by Wm Stewart and others, heirs-at-law of Wm R. Stewart, against David Kenower, for a farm containing 100 acres, in which the parties agreed to the following facts: Alexander Stewart deceased was seised in his life-time of the tract of land with the appurtenances for which this ejectment is brought.
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ERROR to the Common Pleas of Cumberland county. This was an action of ejectment by Wm Stewart and others, heirs-at-law of Wm R. Stewart, against David Kenower, for a farm containing 100 acres, in which the parties agreed to the following facts: Alexander Stewart deceased was seised in his life-time of the tract of land with the appurtenances for which this ejectment is brought. He made his last will and testament the 22d June 1830, which was duly proved 16th December 1830, a copy of which is as follows: 1st. Testator directs his debts 'and funeral expenses to be satisfied. 2d. Some specific…
1Opinion of the Court
The opinion of the Court was delivered by
Sergeant, J.
We are of opinion that the construction given to this devise by the court below is correct. The rule in Shelly’s Case has been considered a rule of property in Pennsylvania as much as in England, from whom we derive the system under which our tenures of real estate are held and transferred by deed or will. A devise of this kind to others than heirs of the person having the estate for life, would be a contingent remainder, vesting (when it came to vest) by purchase; but the heirs general of a person cannot take from him by purchase—they must…
2Cited by3 opinions
- West Arch Building & Loan Ass'n v. NicholsSupreme Court of Pennsylvania · 1931
- Price v. TaylorSupreme Court of Pennsylvania · 1857
- Gehlbach v. BriegelIllinois Supreme Court · 1934