McKee v. McKinley
Supreme Court of Pennsylvania
Appeal in Equity from the Court of Nisi JPrius. This was a hill in equity by Caroline McKee, against John McKinley, for the specific performance of a contract in writing for the purchase of a house and lot of ground in the city of Philadelphia, No. 73 New street, for the sum of $2518.25. The defendant, by his answer, admitted the execution of the contract, and averred that he was ready and willing to perform the same, in case the complainant could make him a good and…
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Appeal in Equity from the Court of Nisi JPrius. This was a hill in equity by Caroline McKee, against John McKinley, for the specific performance of a contract in writing for the purchase of a house and lot of ground in the city of Philadelphia, No. 73 New street, for the sum of $2518.25. The defendant, by his answer, admitted the execution of the contract, and averred that he was ready and willing to perform the same, in case the complainant could make him a good and marketable title in fee simple to the premises; but that he was advised the complainant had only a life estate therein, and…
1Opinion of the Court
The opinion of the court was delivered by
Lowexe, C. J.
The plaintiff is entitled to a decree in her favour, if she is in fact seised of a fee simple under the facts of the case; whether she obtains it directly by the will, or indirectly by barring an estate tail granted by the will.
We are satisfied that the will gives her an estate in fee simple. According to many cases the trust for her separate use is gone by the death of her husband: 20 State Rep. 302 ; 23 Id. 30 ; 24 Id. 327; 26 Id. 231; 27 Id. 75.
For the rest of the case, the principle governs, that a devise to one for life with remainder…
2Cases cited1 opinion
- Lessee of Findlay v. RiddleSupreme Court of Pennsylvania · 1810
3Cited by9 opinions
- Glenn v. StewartSupreme Court of Pennsylvania · 1919
- Simpson v. ReedSupreme Court of Pennsylvania · 1903
- Estate of QuinPennsylvania Orphans' Court, Philadelphia County · 1891
- Shalters v. LaddSupreme Court of Pennsylvania · 1891
- Harrison v. HarrisSupreme Court of Pennsylvania · 1914
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