Preston v. Jones
Supreme Court of Pennsylvania
In error from the Common Pleas of Chester. Jan. 2. The defendant was the purchaser of a tract of land from the plaintiff under articles; and the question submitted on the case stated, in an action for the purchase-money, was whether there was a sufficient title to the whole of the premises. The tract was composed of two parcels, one of which had been the property of Mary Jones, deceased, wife of Evans Jones. The other parcel was the property of said Evans.
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In error from the Common Pleas of Chester. Jan. 2. The defendant was the purchaser of a tract of land from the plaintiff under articles; and the question submitted on the case stated, in an action for the purchase-money, was whether there was a sufficient title to the whole of the premises. The tract was composed of two parcels, one of which had been the property of Mary Jones, deceased, wife of Evans Jones. The other parcel was the property of said Evans. Evans Jones having survived his wife, devised all his estate, real and personal, to his son Benjamin, the plaintiff, with certain…
1Opinion of the CourtBell, J.
The decision of the question raised by the case stated, depends on the right construction of the will of Evans Jones, and the legal consequences flowdng 'from the acts of his two sons under it.
Although very awkwardly constructed, and with occasional obscurity of expression, the testamentary instrument sufficiently discloses two leading objects the testator had in view. These are still more clearly indicated, if it be read in reference to the condition of the testator’s family, and the relation he held to the property, which was the subject of it. Having but two children, he found himself, at…
2Cases cited1 opinion
- Stump v. FindlaySupreme Court of Pennsylvania · 1828
3Cited by4 opinions
- Zimmerman v. LeboSupreme Court of Pennsylvania · 1892
- Albertson's EstatePennsylvania Orphans' Court, Philadelphia County · 1937
- Klein's EstatePennsylvania Orphans' Court, Lackawanna County · 1936
- Shapley v. Light, Pennsylvania Court of Common Pleas, Cumberland County1936