Legal Opinion

Way v. Gest

Supreme Court of Pennsylvania

Decided January 17, 1826PublishedCited by 1 opinion

CASE STATED.. This case was tried before Gibson, J. at Nisi Prius, in December last, and a verdict found for the plaintiff, subject to the opinion of the court. The following cáse was afterwards stated. “On the 5th of April, 1799, Jeremiah Barnard made his will, whereby he devised certain portions of his real estate to each of his daughters, Judith, Mary, and Ann, during their lives, respectively, by metes and bounds.

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CASE STATED.. This case was tried before Gibson, J. at Nisi Prius, in December last, and a verdict found for the plaintiff, subject to the opinion of the court. The following cáse was afterwards stated. “On the 5th of April, 1799, Jeremiah Barnard made his will, whereby he devised certain portions of his real estate to each of his daughters, Judith, Mary, and Ann, during their lives, respectively, by metes and bounds. He then introduces the following clause : ‘ Item, it is my will that if any of my daughters die without lawful issue, or if having issue, and such issue all die in their…

1Opinion of the Court

The opinion of the court was delivered by

Gibson, J.

As the counsel agree that judgment must be entered for the defendants, I-shall confine mysélf to a statement of the principles that result from the authorities which they have adduced. But it is first necessary to know what estate Judith would have taken had she survived the devisor. The devise is to her expressly for life, “ and then after her decease to her lawful issue, provided she hath issue, who are, or shall live to be, twenty-one years old, or to have lawful issue, to hold to them, their heirs or assigns for ever.” In the first place-…

2Cited by1 opinion

  1. Gest v. WaySupreme Court of Pennsylvania · 1837

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