Thornton's Executors v. Krepps
Supreme Court of Pennsylvania
Error to the Common Pleas of Fayette county. This was an action of ejectment brought by Robert Rogers and William Armstrong, executors of Joseph Thornton, deceased, against John S. Krepps and Mathias Davis, to recover possession of 260 acres of land, in Luzerne township, Fayette county.
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Error to the Common Pleas of Fayette county. This was an action of ejectment brought by Robert Rogers and William Armstrong, executors of Joseph Thornton, deceased, against John S. Krepps and Mathias Davis, to recover possession of 260 acres of land, in Luzerne township, Fayette county. The land in controversy belonged to Joseph Thornton, who died October 1839, and who by his will, dated October 3d, A. D. 1839, devised it as follows: “ To Eliza Ann Thornton, natural daughter of my said son Nelson, I give and devise all that plantation bought of Andrew Porter and John Davis, lying on the…
1Opinion of the Court
The opinion of the court was delivered, by
Lowrie, C. J.
The incidents of an estate do not depend upon the intention of the grantor of it; but are engrafted on it by law, and, generally at least, without any regard to the intention of the grantor, and even in disregard of it. Our inquiry, therefore, is not after the intention of the testator relative to the claim of courtesy; but for the character of the estate intended to be granted by him, and whether courtesy is an incident in law to such an estate.
What, then, is the character of this estate as given by the will ? It is not an estate tail,…
2Cited by3 opinions
- Safe Deposit & Trust Co. v. WoodSupreme Court of Pennsylvania · 1902
- McMasters v. NegleySupreme Court of Pennsylvania · 1893
- Morton's EstateSuperior Court of Pennsylvania · 1904