Gernet v. Lynn
Supreme Court of Pennsylvania
Error to tbe Common Pleas of Northampton county. This was an amicable action of ejectment, by Charles Lynn and others, the children of Jonathan Lynn, deceased, against Jacob Gernet, the tenant in possession, and John Miller and others, his lessors, for 109 acres of land in Lower Saucon township, Northampton county.
Read the full summary
Error to tbe Common Pleas of Northampton county. This was an amicable action of ejectment, by Charles Lynn and others, the children of Jonathan Lynn, deceased, against Jacob Gernet, the tenant in possession, and John Miller and others, his lessors, for 109 acres of land in Lower Saucon township, Northampton county. Both parties claimed title under Felix Lynn (the father of Jonathan Lynn), who by his last will, dated the 1st December 1807, devised as follows:— “I give and devise unto my son, Jonathan, the middle lot whereon I now live” (the locus in quo), “ containing 109 acres, as by a draft…
1Opinion of the Court
The opinion of the court was delivered by
Lewis, C. J.
The testator gives to his son, Jonathan Lynn, the tract of land in controversy, “ to hold the same to him during his natural life, and after his decease, to his children lawfully begotten, share and share alike.” The intention to give nothing more than a life estate to Jonathan is so plainly expressed, that it is impossible to substitute other words which would make that intention more manifest. It is equally clear that the children in being at the death of the testator, took a vested remainder which opened to let in any after-born children…
2Cases cited2 opinions
- Lessee of Findlay v. RiddleSupreme Court of Pennsylvania · 1810
- Ellet v. PaxsonSupreme Court of Pennsylvania · 1841
3Cited by12 opinions
- Ontelaunee Orchards, Inc. v. RothermelSuperior Court of Pennsylvania · 1939
- Crawford v. Forest Oil Co.Supreme Court of Pennsylvania · 1904
- Dice v. ReeseSupreme Court of Pennsylvania · 1941
- Schulz EstateSupreme Court of Pennsylvania · 1953
- Lloyd's EstateSupreme Court of Pennsylvania · 1924
7 more not listed; retrieve them via the Exa API.