Lessee of Hall v. Vandegrift
Supreme Court of Pennsylvania
THIS was an ejectment, in which the following case was stated for the court1 s opinion; A devise to A, “ and bis law- “ ful begotten “ heir forever” is an estate tail in A. It is sufficiently clear that in a will, if not in a deed, heir is nomen collectfaum, and the same as heirs. It is not nel»dylfromlt the which the issue is to come, should be mentioned in express terms, in order to make a good estate tail.
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THIS was an ejectment, in which the following case was stated for the court1 s opinion; A devise to A, “ and bis law- “ ful begotten “ heir forever” is an estate tail in A. It is sufficiently clear that in a will, if not in a deed, heir is nomen collectfaum, and the same as heirs. It is not nel»dylfromlt the which the issue is to come, should be mentioned in express terms, in order to make a good estate tail. It is sufficient if the intention of the testator appears with reasonable certainty. It is the spirit of the act of limitations' to allow twenty-one years from the time that a person…
1Opinion of the Court
Tilghman C. J.
The first question in this case, is, what estate passed to Solomon Hall, by the following devise in the will of Sarah Mallowes. “ I give and bequeath to my kins- “ man Solomon Hall, 10Ɩ. in lawful money, likewise 60 acres “ of woodland, joining on the northeast side the plantation “ he now dwells on, I give to him, and his lawful begotten “ heir for ever." The first reading of these words made a strong impression on my mind, that the land was intended' to go to the lawful issue of Solomon Hall; and that impression has been strengthened by the argument which we have heard, and by…
2Cited by11 opinions
- Winters v. DeTurk, Pennsylvania Court of Common Pleas, Berks County1890
- State of Louisiana v. United StatesUnited States Court of Claims · 1887
- Kendricks. v. DallumTennessee Supreme Court · 1812
- Bixler v. KunkleSupreme Court of Pennsylvania · 1828
- Craddock's Lessee v. StalcupTennessee Superior Court for Law and Equity · 1808
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