Lessee of Hauer v. Shitz
Supreme Court of Pennsylvania
Ejectment for lands in Dauphin county, on trial, whereof the following special verdict was taken : The jurors find, that Peter Shitz, the father of the lessor of the plaintiff and of the defendant, was seized in his demesne as of fee, of the lands and tenements in the declaration of ejectment stated and mentioned; and that on the 8th April 1795, he made his last will and testament as follows : “ In the name of God, Amen.
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Ejectment for lands in Dauphin county, on trial, whereof the following special verdict was taken : The jurors find, that Peter Shitz, the father of the lessor of the plaintiff and of the defendant, was seized in his demesne as of fee, of the lands and tenements in the declaration of ejectment stated and mentioned; and that on the 8th April 1795, he made his last will and testament as follows : “ In the name of God, Amen. I, Peter Shitz, of, &c. do make “ and publish this my last will and testament in manner follow- “ ing, that is to say: Imprimis, it is my will, and I -do hereby “order and…
1Opinion of the Court
Shippen, C. J.,
after stating fully the will and codicil, and the facts in the special verdict, observed as follows:
The question upon the special verdict is whether Francis had at the time of his death, a vested estate in fee simple, so as that Elizabeth, the lessor of the plaintiff, his sister of the whole blood, on his dying intestate, shall inherit the land as his heir at law; or whether it shall go over to Peter, his brother of the half blood, by virtue of the ' clause in the will of old Peter, devising it to him, in case of Francis’s death under the age of 21, or without lawful issue, as…
2Cases cited4 opinions
- Doebler's AppealSupreme Court of Pennsylvania · 1870
- Lessee of Hauer v. SheetzSupreme Court of Pennsylvania · 1807
- Jackson, on the Demise of Taylor v. CullumIndiana Supreme Court · 1829
- Arnold v. HamerMississippi Chancery Courts · 1844
3Cited by7 opinions
- Pattin v. ScottSupreme Court of Pennsylvania · 1921
- Doebler's AppealSupreme Court of Pennsylvania · 1870
- Grossman v. HillSupreme Court of Pennsylvania · 1956
- Langley v. HealdSupreme Court of Pennsylvania · 1844
- Everts v. Kepler, Pennsylvania Court of Common Pleas, Centre County1927
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