Hallowell v. Phipps
Supreme Court of Pennsylvania
Aw action was brought in this court to the present term, by William S. Hallowell, Elizabeth Hallowell and William R. Hallowell, minors, suing by their guardian William S. Hallowell, against Stephen Phipps, Charles Phipps, Robinson Phipps, Deborah Phipps and Sarah Phipps; and a case was stated for the opinion of the court, as follows: “ Thomas Phipps, being in his lifetime duly seized of divers parcels of real estate, by his last will and testament dated the 30th of March,…
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Aw action was brought in this court to the present term, by William S. Hallowell, Elizabeth Hallowell and William R. Hallowell, minors, suing by their guardian William S. Hallowell, against Stephen Phipps, Charles Phipps, Robinson Phipps, Deborah Phipps and Sarah Phipps; and a case was stated for the opinion of the court, as follows: “ Thomas Phipps, being in his lifetime duly seized of divers parcels of real estate, by his last will and testament dated the 30th of March, 1832, devised various portions thereof to his several children, to hold to them respectively in severalty; and, inter…
1Opinion of the Court
The opinion of the Court was delivered by
Rogers, J.
This case presents two points, 1st. Whether grandchildren are included in the limitation to the children; and secondly, whether the limitation over, is of a life estate, or in fee simple.
Under a bequest to children, grandchildren and other remote issue are excluded, unless it be the apparent intention of the testator, disclosed by his will, to provide for the children of a deceased child. But such construction can only arise, from a clear intention or necessary implication ; as where there are not other children than grandchildren, or when…
2Cases cited3 opinions
- Morrison v. SempleSupreme Court of Pennsylvania · 1813
- Bauer v. RothSupreme Court of Pennsylvania · 1833
- Thompson v. M'ClenachanSupreme Court of Pennsylvania · 1827
3Cited by22 opinions
- McGinnis v. FosterSupreme Court of Georgia · 1848
- Horwitz v. NorrisSupreme Court of Pennsylvania · 1865
- Boone v. ChilesSupreme Court of the United States · 1836
- Wickersham v. SavageSupreme Court of Pennsylvania · 1868
- Worstall's EstateSuperior Court of Pennsylvania · 1936
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