Curtis v. Longstreth
Supreme Court of Pennsylvania
Certificate from the Court at Nisi Prius. This was an amicable action, entered December 29th 1862, between John II. Curtis and John II.
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Certificate from the Court at Nisi Prius. This was an amicable action, entered December 29th 1862, between John II. Curtis and John II. Curtis, Jr., as plaintiffs, and Joseph O. Longstreth as defendant, in which the following case was stated for the opinion of the court:— Captain Malcolm McNeran being seised in fee simple of the two pieces of real estate in the city of Philadelphia, hereinafter mentioned (the one in which he resided being on the west side of Front street), died, having first made his last will and testament, which was duly admitted to probate in the office of the register of…
1Opinion of the Court
The opinion of the court was delivered, by
Strong, J.
The will evidently gave to Malcolm McNeran an estate tail in the dwelling-house occupied by the testator, and called on the argument the “Front street property.” The gift was to the devisee named during his natural life, with remainder at his death, to his heirs as tenants in common, and if he should die without issue, over to the surviving heirs of the testator. Without the last limitation it would be an estate in fee simple, but that shows that the testator meant by the word “heirs,” “heirs of the body,” when he employed it in the gift of…
2Cited by11 opinions
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- Breinig v. OldtSuperior Court of Pennsylvania · 1911
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