Beltzhoover v. Costen
Supreme Court of Pennsylvania
In error from the District Court of Allegheny. Sept. 20. Trespass on a case stated. In 1803, George Wallace the elder made his will, devising as follows : “ First, all the residue of my real and personal property (except such parts as hereafter excepted) shall he equally divided between my wife, Jane, and my children, viz.: George, Thomas, William, Henry, Irvin, and Charles Wallace, and my two daughters Arabella and Eliza Wallace, share alike; and the profits of said real…
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In error from the District Court of Allegheny. Sept. 20. Trespass on a case stated. In 1803, George Wallace the elder made his will, devising as follows : “ First, all the residue of my real and personal property (except such parts as hereafter excepted) shall he equally divided between my wife, Jane, and my children, viz.: George, Thomas, William, Henry, Irvin, and Charles Wallace, and my two daughters Arabella and Eliza Wallace, share alike; and the profits of said real and personal estate shall be for the use and support of the before-mentioned legatees, until each arrives at the age of…
1Opinion of the CourtRogers, J.
(after stating the will and the facts of the case.) — The plaintiffs in error, who were plaintiffs below, insist that Braddock’s-field, the land in controversy, is included in the first clause of the devise; that an estate in fee-simple is vested in George Wallace, defeasible by his dying without issue; that this event having taken place, the limitation over took effect, and they, as heirs ' of Arabella Wallace, to whom the estate was limited over by executory devise, are entitled to recover. On the other hand, the defendant contends, that the property in dispute is not embraced in the first…
2Cases cited4 opinions
- Lessee of Hauer v. SheetzSupreme Court of Pennsylvania · 1807
- Holmes v. Lessee of HolmesSupreme Court of Pennsylvania · 1812
- Scott v. PriceSupreme Court of Pennsylvania · 1815
- Welsh v. ElliottSupreme Court of Pennsylvania · 1825
3Cited by1 opinion
- Menoher's EstateSuperior Court of Pennsylvania · 1901