Reifsnyder v. Hunter
Supreme Court of Pennsylvania
Error, to the Common Pleas of Perry county. Ejectment by John Reifsnyder v. James Hunter, for a tract of land. The result depended on the interpretation of a devise in the will of James Hunter; viz., whether John Hunter took an estate in fee in the premises in dispute, or a life estate. A special verdict was rendered in the case.
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Error, to the Common Pleas of Perry county. Ejectment by John Reifsnyder v. James Hunter, for a tract of land. The result depended on the interpretation of a devise in the will of James Hunter; viz., whether John Hunter took an estate in fee in the premises in dispute, or a life estate. A special verdict was rendered in the case. The material facts were as follows: James Hunter died seised of the land in dispute, having first -made his last will and testament, dated 15th April, 1835, and which was duly proved on the 14th of November, 1835, by which he devised the land in controversy, as…
1Opinion of the Court
The opinion of the Court was delivered by
Gibson, J.
“I do give and bequeath to my son John and his heirs,” are the words of the first clause of this devise. No one could limit a fee simple more artistically and precisely. “With this proviso,” he continues, “that my son John shall not have any right nor power to sell nor convey the said farm,” an impotent attempt to give title to property without the incidents of ownership. Again: “But at his death, all the right, title, and interest shall be and remain perfect in his lawful heirs.” That expresses, in other words, what he had expressed before,…
2Cited by9 opinions
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