Gilchrist v. Empfield
Supreme Court of Pennsylvania
Appeal, No. 6, Oct. T., 1900, by-plaintiff, from judgment of C. P. Indiana Co., Sept. T., 1899, No. 230, on case stated. Case stated to determine the marketable character of real estate. From the case stated it appeared that plaintiff entered into an agreement in writing with defendant for the consideration therein mentioned to sell and convey to said defendant a certain lot of ground, situate in the borough of Indiana, lately the property of Alexander Gilchrist, deceased.
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Appeal, No. 6, Oct. T., 1900, by-plaintiff, from judgment of C. P. Indiana Co., Sept. T., 1899, No. 230, on case stated. Case stated to determine the marketable character of real estate. From the case stated it appeared that plaintiff entered into an agreement in writing with defendant for the consideration therein mentioned to sell and convey to said defendant a certain lot of ground, situate in the borough of Indiana, lately the property of Alexander Gilchrist, deceased. In consideration whereof defendant agreed to pay plaintiff $4,500 upon the delivery to him of a good arid sufficient deed…
1Opinion of the Court
Per Curiam,
We are clearly of opinion that the widow took a fee simple estate under her husband’s will. The third clause is an absolute and unqualified devise of the whole residue of the estate in fee simple. There is nothing in the fourth clause to modify this in the least degree. The fifth clause is in language such as is often used in similar cases, and does not reduce the estate given by the third clause. It recognizes the right of the widow to expend such parts of the estate as she chooses, and only disposes of what is left. We have often held such devises to carry the fee, even where…
2Cases cited1 opinion
- Evans v. SmithSupreme Court of Pennsylvania · 1895
3Cited by6 opinions
- Byrne's EstateSupreme Court of Pennsylvania · 1935
- Allen v. HirlingerSupreme Court of Pennsylvania · 1907
- Chesnut v. ChesnutSupreme Court of Pennsylvania · 1930
- Witmer v. DeloneSupreme Court of Pennsylvania · 1909
- Ritchie v. Campbell Et Ux.Superior Court of Pennsylvania · 1934
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