Braden v. Cannon
Supreme Court of Pennsylvania
Error to the Court of Common' Pleas of Westmoreland county. This was an action of ejectment, by James Braden and David Ferguson, plaintiffs in error, to recover two hundred and fifty acres of land in Derry township.
Read the full summary
Error to the Court of Common' Pleas of Westmoreland county. This was an action of ejectment, by James Braden and David Ferguson, plaintiffs in error, to recover two hundred and fifty acres of land in Derry township. It was a case stated in the court below, depending upon the following clause in the will of John Braden :— “ Further, I will and bequeath unto my two eldest sons, •'William and John, all my real estate, to' be equally divided among them, share and share alike, with the exception of four hundred dollars out of my real estate, which I will and bequeath unto my youngest son, James,…
1Opinion of the Court
The opinion of the-court was delivered
by Woodward, J.
— Had the testator stopped at that clause in the devise of the real estate, by which’he charged the legacy of James,, and his support and education on the land given to William and John, they would beyond controversy have taken a fee simple,, for nothing less could result from a devise of all his real, estate to them, share and share alike, subject to legacies,, not only to James, but to the daughters also. Then on the death of William and John without issue, the estate would have gone to James, and the sisters as heirs-at-law. But he did,…
2Cases cited2 opinions
- Langley v. HealdSupreme Court of Pennsylvania · 1844
- Lessee of Haines v. WitmerSupreme Court of Pennsylvania · 1798