Legal Opinion

Karker's Appeal

Supreme Court of Pennsylvania

Decided February 16, 1869No. 293PublishedCited by 4 opinions

Appeal from the Orphans’ Court for the city and county of Philadelphia: No. 293, to January Term 1868. These estates came before the court below upon exceptions to the report of Thomas Cochran, Esq., auditor, which presented the question as to the proper construction to be placed upon the following clauses in the will of John Rex, Sr.:— “ I give and devise unto my son Joseph Rex all that my messuage * * to him, his heirs and assigns, for ever, &c.

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Appeal from the Orphans’ Court for the city and county of Philadelphia: No. 293, to January Term 1868. These estates came before the court below upon exceptions to the report of Thomas Cochran, Esq., auditor, which presented the question as to the proper construction to be placed upon the following clauses in the will of John Rex, Sr.:— “ I give and devise unto my son Joseph Rex all that my messuage * * to him, his heirs and assigns, for ever, &c. “ Item: In case my son Joseph, who is now in a declining state of health, shall happen to dye intestate and without issue, then and in such case I…

1Opinion of the Court

The opinion of the court was delivered, by

Read, J.

— This case has been discussed at great length in the court below, on the original report of the auditor, and in the very learned opinion of Judge Brewster overruling the auditor. This makes it unnecessary to enter into a detailed examination of the numerous authorities cited by the counsel on both sides. John Rex, by his will, devised two tracts of land to his son, Joseph Rex, his heirs and assigns for ever, which was followed by this clause: “ Item. All the rest and residue of my personal property, of every description, not hereinbefore…

2Cited by4 opinions

  1. Byrne's EstateSupreme Court of Pennsylvania · 1935
  2. Appeal of PepperSupreme Court of Pennsylvania · 1888
  3. Coles v. AyresSupreme Court of Pennsylvania · 1893
  4. Jones v. WebbCourt of Chancery of Delaware · 1877

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