Manning v. Bader
Supreme Court of Pennsylvania
Appeal, No. 164, Jan. T., 1908, by defendants, from judgment of C. P. Lehigh Co., Sept. T., 1907, No. 48, for plaintiff on case stated in suit of Almeda Manning v. Caroline Bader and Amanda Bader. Case stated in ejectment for land in the city of Allentown. Before Trexler, P. J. The opinion of the Supreme Court states the case. Error assigned was in entering judgment for plaintiff on case stated.
1Opinion of the Court
Per Curiam,
The devise was “to Cecilia Hittle, the wife of my deceased son, Elias Keiper, the lot where I am now living. . . . After the death of Cecilia, the above described lot shall go to her children.” Prima facie the word “ children ” is a word of purchase and not of limitation, and standing alone without qualification it must be given its ordinary meaning. It will not be construed as a word of limitation unless there is found in the will an intention so to use it. That the first taker had no children when the will was made or when it went into effect does not warrant such a construction…
2Cases cited4 opinions
- Lancaster v. FlowersSupreme Court of Pennsylvania · 1901
- Cote v. VonBonnhorstSupreme Court of Pennsylvania · 1862
- Curtis v. LongstrethSupreme Court of Pennsylvania · 1863
- Appeal of KeimSupreme Court of Pennsylvania · 1889
3Cited by2 opinions
- Reiff v. PepoSupreme Court of Pennsylvania · 1927
- Shields v. AitkenSupreme Court of Pennsylvania · 1912