Frame v. Stewart
Supreme Court of Pennsylvania
ERROR to the common pleas of Crawford county. This was an action of, ejectment by Adam Stewart against Mar-* garet Frame and others, in which the parties agreed to the following special verdict.
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ERROR to the common pleas of Crawford county. This was an action of, ejectment by Adam Stewart against Mar-* garet Frame and others, in which the parties agreed to the following special verdict. “ Thomas Frame, the elder, being seized of a tract of land, of which the premises for which this ejectment is brought is part, by his last will and testament, dated the 7th of May 1813, devised as follows; (pro ut the will.) He died soon after having children, viz,, Edward, James, Thomas, (dead and unmarried) Abner, John, Margaret, (married to John M’Queen,) Mary Ann, (married to Samuel M’Dowell,)…
1Opinion of the Court
The opinion of the Court was delivered by
Kennedy, J.
Mr Fearne, in his treatise on contingent.remain*436ders and executory devises, page 167,says, “it sometimes happens, that a remainder is limited in words which seem to import a contingency, though in fact they mean no more, than would have been implied without them; or do not amount to a condition precedent, but only denote the time when the remainder is to vest in possession.” In support of this proposition, he refers to the case of Boraston, 3 Co, 19; followed by Holcroft’s case, Moore 486, and a series of others there mentioned; wherein it…
2Cited by3 opinions
- Jacobs v. WhitneyMassachusetts Supreme Judicial Court · 1910
- Womrath v. McCormickSupreme Court of Pennsylvania · 1866
- Heath's EstatePennsylvania Orphans' Court, Philadelphia County · 1926