Vaughan v. Dickes
Supreme Court of Pennsylvania
■ This case came up from the Nisi Prius, Philadelphia. It was an amicable action, in which Peter Dickes was plaintiff, and Thomas Yaughan was defendant. The action was entered into in order to determine what title existed in Peter Dickes the plaintiff, to certain real estate which had been devised to him in the will of his father, Peter Dickes, Senior, and which the plaintiff had agreed to sell to Thomas Yaughan, the defendant in the issue.
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■ This case came up from the Nisi Prius, Philadelphia. It was an amicable action, in which Peter Dickes was plaintiff, and Thomas Yaughan was defendant. The action was entered into in order to determine what title existed in Peter Dickes the plaintiff, to certain real estate which had been devised to him in the will of his father, Peter Dickes, Senior, and which the plaintiff had agreed to sell to Thomas Yaughan, the defendant in the issue. The latter declined paying the purchase-money on the ground of want of power in the plaintiff to make a title in fee simple for the same. The question…
1Opinion of the Court
The opinion of the Court was delivered, by
Woodward, J.
The question presented on this record is, whether Peter Dickes took under his father’s will a fee with an executory devise over to his sister Catherine, or an estate tail. This resolves itself into another question, whether the contingency contemplated was a definite or an indefinite failure of issue; if definite, the devise may operate by way of executory devise; if indefinite, the law cuts it down to an estate tail. A definite failure of issue is when a precise time is fixed by the will for the failure to occur, as in the case of a…
2Cases cited1 opinion
- Eichelberger v. BarnitzSupreme Court of Pennsylvania · 1840
3Cited by6 opinions
- Smith v. PiperSupreme Court of Pennsylvania · 1911
- Hackney v. TracySupreme Court of Pennsylvania · 1890
- Hays's EstateSupreme Court of Pennsylvania · 1926
- Seybert v. HibbertSuperior Court of Pennsylvania · 1897
- Ward v. HallamSupreme Court of Pennsylvania · 1794
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