Legal Opinion

Lessee of Stein v. North

Supreme Court of Pennsylvania

Decided March 15, 1802PublishedCited by 5 opinions

Ejectment for a house and lot of ground in the city of Philadelphia. It was admitted that Casper Silvius died seized of the premises in fee, in October 1793. It appeared in proof, that he left three sisters living in Germany, two of them being the lessors of the plaintiff, and the third named Catharine, who intermarried with one Goble, by whom she had issue three children, and afterwards with one Palaster, by whom she had issue two children.

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Ejectment for a house and lot of ground in the city of Philadelphia. It was admitted that Casper Silvius died seized of the premises in fee, in October 1793. It appeared in proof, that he left three sisters living in Germany, two of them being the lessors of the plaintiff, and the third named Catharine, who intermarried with one Goble, by whom she had issue three children, and afterwards with one Palaster, by whom she had issue two children. On the 18th November 1785, Casper Silvius wrote a letter from Philadelphia, to his sister Catharine, wherein among other things, he desired her “ to send…

1Opinion of the Court

Sed per curiam.

Clearly this letter cannot operate as a will. Though no particular form of words is necessary to give validity to a will, yet all the books agree, that the a7iimus testandi is an indispensable ingredient. There must be an advised purpose to make a present disposition of the party’s estate. Here it is but the signification of an intention to do a future act, and so not the testament itself, which must contain a present and perfect consent. Swinb. 8, 9.

It was then insisted, that if the letter could not be construed as a will, it might be considered as a contract, which would be…

2Cases cited1 opinion

  1. Henderson v. HaysSupreme Court of Pennsylvania · 1834

3Cited by5 opinions

  1. Bristol v. WarnerSupreme Court of Connecticut · 1848
  2. Henderson v. HaysSupreme Court of Pennsylvania · 1834
  3. Tyson's EstateSupreme Court of Pennsylvania · 1939
  4. Lilley's EstatePennsylvania Orphans' Court, Washington County · 1927
  5. Billiard's EstatePennsylvania Orphans' Court, Philadelphia County · 1940

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