Allen v. Markle
Supreme Court of Pennsylvania
Error to the Common Pleas of Washington county. This was an action of debt by Jacob P. Maride against John M. Allen, to recover the sum of $1000, a portion of the purchase-money due on an agreement for the sale of a tract of land, dated the 18th May 1859. A case was stated for the opinion of the court, in which the following facts were embodied:— Andrew Burgett, being seised of certain real estate in Washington county, by his will devised as follows: “ I give and bequeath to…
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Error to the Common Pleas of Washington county. This was an action of debt by Jacob P. Maride against John M. Allen, to recover the sum of $1000, a portion of the purchase-money due on an agreement for the sale of a tract of land, dated the 18th May 1859. A case was stated for the opinion of the court, in which the following facts were embodied:— Andrew Burgett, being seised of certain real estate in Washington county, by his will devised as follows: “ I give and bequeath to my son, Boston Burgett, all the right and title to all my real estate, and also all my personal property that is not…
1Opinion of the Court
The opinion of the court was delivered by
Strong, J.
'That under the will of Andrew Burgett, an estate tail was given tó his son Boston, admits of no doubt. The rule in Shelly’s case is an established rule of property in Pennsylvania. At this late day, it would be useless to attempt to vindicate it, or reply to the.oft-repeated objection that it defeats the particular intent of the donor or testator. It is sufficient for us, that the rule is too deeply seated to be overthrown by judicial decision. The devise in this will is directly within the rule. The testator gives his real estate to his son…
2Cited by8 opinions
- Ashhurst's EstateSuperior Court of Pennsylvania · 1938
- Bassett v. HawkSupreme Court of Pennsylvania · 1888
- Massingale v. ParkerCourt of Appeals of Kentucky · 1922
- Seybert v. HibbertSuperior Court of Pennsylvania · 1897
- Coble's EstatePennsylvania Orphans' Court, Franklin County · 1947
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