Holmes v. Lessee of Holmes
Supreme Court of Pennsylvania
IN ERROR. THIS was a writ of error to the Common Pleas of Cumberland county, to bring up the record and proceedings in an action of ejectment.
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IN ERROR. THIS was a writ of error to the Common Pleas of Cumberland county, to bring up the record and proceedings in an action of ejectment. By a special verdict, under which the case was decided below, the jury found— That Agnes Graham, on the 4th of January 1768, was seised in her demesne as of fee of the premises in the declaration mentioned; and being so thereof seised, on the same day made her last will and testament in writing, in. after ordering her debts and funeral expenses to be paid, she devised as follows: “ I give devise and bequeath unto my grandson William Graham Holmes, my…
1Opinion of the Court
Tilghman C. J.
The question in this case arises on the will of Agnes Graham. The point to be decided is, whether the devise of a tract of land to William Graham Holmes, grandson of the testator, carries an estate in fee simple, indefeasible on his attaining the age of twenty-one years.
To ascertain the intention of the testator, is the great point in the construction of wills. The intention being ascertained, is to be carried into effect, unless forbidden by law. In order to discover the testator’s meaning, we must place ourselves in the situation in which he was at the time the will was made.…
2Cases cited3 opinions
- Jackson ex dem. Burhans v. BlanshanNew York Supreme Court · 1810
- Ray v. EnslinMassachusetts Supreme Judicial Court · 1799
- Lessee of Hauer v. SheetzSupreme Court of Pennsylvania · 1807
3Cited by9 opinions
- Ogden v. SaundersSupreme Court of the United States · 1827
- Doebler's AppealSupreme Court of Pennsylvania · 1870
- Johnson v. MortonSupreme Court of Pennsylvania · 1849
- Orem v. CampbellCourt of Appeals of Kentucky · 1917
- Scott v. PriceSupreme Court of Pennsylvania · 1815
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