Legal Opinion

Fisher v. Herbell

Supreme Court of Pennsylvania

Decided March 15, 1844PublishedCited by 3 opinions

The following case was stated for the opinion of the court at JVisi Prius, and argued in February 1844 before Mr Justice Kennedy, in which Catharine Fisher was plaintiff, and Casper Herbell and David Emerick, executors of Anna Quick, deceased, defendants.

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The following case was stated for the opinion of the court at JVisi Prius, and argued in February 1844 before Mr Justice Kennedy, in which Catharine Fisher was plaintiff, and Casper Herbell and David Emerick, executors of Anna Quick, deceased, defendants. John Quick died seised in fee of the real estate in question, having made his will, dated 19th December 1838 and since duly proved, wherein inter alia he devised the same as follows: “ It is my will that all the residue of my estate, real and personal, I give and bequeath unto my beloved wife Anna Quick, during her natural life, to do. and…

1Opinion of the Court

The opinion of the Court was delivered by

Kennedy, J.

The only question raised in this case is whether Anna Quick took a fee or a life estate only in the residuary real estate of her husband John Quick, under a devise in his last will expressed in the following terms: “ It is my will that all the residue of my estate, real and personal, I give and bequeath unto my beloved wife Anna Quick during her natural life, to do and dispose of as she may think best.” Doubtless the words “ residue of my real estate,” or the words in the conclusion of the devise “ to do and dispose of as she may think…

2Cited by3 opinions

  1. Sherill v. OuerbackerCourt of Appeals of Kentucky · 1918
  2. Forsythe v. ForsytheSupreme Court of Pennsylvania · 1885
  3. Kennedy v. KennedySupreme Court of Pennsylvania · 1893

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