Eichelberger v. Barnitz
Supreme Court of Pennsylvania
ERROR to the common pleas of Mams county. Eichelberger and others against Charles Barnitz,Frederick Wentz, and Adam Carle. This was an action of ejectment, in which the following special verdict was found: The plaintiffs named are the legal heirs and representatives of Mary and Susannah Carle, the daughters of Michael Carle, late of the county of Adams, deceased, and named in his will.
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ERROR to the common pleas of Mams county. Eichelberger and others against Charles Barnitz,Frederick Wentz, and Adam Carle. This was an action of ejectment, in which the following special verdict was found: The plaintiffs named are the legal heirs and representatives of Mary and Susannah Carle, the daughters of Michael Carle, late of the county of Adams, deceased, and named in his will. The said Michael was seised of the said lands mentioned in the ejectment in his lifetime by an indisputable title. On the 22d of February 1811, he made his last will and testament in due form, which will is…
1Opinion of the Court
*450The opinion of the court was delivered by
Serjeant, J.
Questions as to the effect of words in wills similar to those used in the present one, in creating an estate tail in the first taker, or an estate in fee with an executory devise over, have been so frequent, that their construction must be considered as settled by authorities, which we are not at liberty to subvert, even if we could flatter ourselves with the idea, that we could delineate a more perfect system on this refined subject, than that which the existing law ■establishes. The principle has now become a settled rule of property, in…
2Cases cited1 opinion
- Clark v. BakerSupreme Court of Pennsylvania · 1817
3Cited by35 opinions
- Barber v. Pittsburgh, Fort Wayne & Chicago Railway Co.Supreme Court of the United States · 1897
- Taylor v. TaylorSupreme Court of Pennsylvania · 1870
- Outland v. BowenIndiana Supreme Court · 1888
- Amelia Smith's AppealSupreme Court of Pennsylvania · 1853
- Stoner v. WunderlichSupreme Court of Pennsylvania · 1901
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