Campbell v. Jamison
Supreme Court of Pennsylvania
In error from the Common Pleas of Centre county. Special verdict in ejectment. In 1827 David Fulton made his will, whereby he devised “ unto my beloved wife Rachel Fulton, her heirs and assigns, all that messuage or tenement and tract of land, situate, lying and being in Spring township, and county aforesaid, with all my real estate whatsoever, to have and to hold to her the said Rachel Fulton, her heirs and assigns, for ever; And lastly, as to all the personal estate, goods…
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In error from the Common Pleas of Centre county. Special verdict in ejectment. In 1827 David Fulton made his will, whereby he devised “ unto my beloved wife Rachel Fulton, her heirs and assigns, all that messuage or tenement and tract of land, situate, lying and being in Spring township, and county aforesaid, with all my real estate whatsoever, to have and to hold to her the said Rachel Fulton, her heirs and assigns, for ever; And lastly, as to all the personal estate, goods and chattels of what kind and value soever, — I give and bequeath the same to my said beloved wife Rachel Fulton, her…
1Opinion of the CourtCoulter, J.
That a will may be republished by parol was distinctly decided in the case of Jones v. Hartly, 2 Whart. 103. The same point was ruled in 3 Wash. C. C. Rep. 481.
There is nothing in the act of 1833 to interdict such republication by parol; but it must have the same legal operation at the time of such republication, as when it was made. If, by a change of circumstances, the act of republication makes a difference in the disposition of the estate, it becomes so far void; because then it would in effect be allowing a disposition of the estate by parol. The words here, as used in the will, were…
2Cases cited2 opinions
- Jones v. HartleySupreme Court of Pennsylvania · 1837
- Musser v. CurryU.S. Circuit Court for the District of Pennsylvania · 1819
3Cited by1 opinion
- Baum's EstateSupreme Court of Pennsylvania · 1920