Stone v. Massey
Supreme Court of Pennsylvania
Case stated for the opinion of the court. Debt 4507. The plaintiffs sue for two legacies, one of 3007. and the other of 150/., bequeathed to Elizabeth Massey aforesaid, .by the will of her father, Wight Massey, dated 3d November 1761. He thereby devised to the defendant, (his second son,) in fee simple, a lot of ground in the city of Philadelphia, then under lease to Thomas Fitzsimmons, he or his heirs paying to the said Elizabeth 300/. within three months after the…
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Case stated for the opinion of the court. Debt 4507. The plaintiffs sue for two legacies, one of 3007. and the other of 150/., bequeathed to Elizabeth Massey aforesaid, .by the will of her father, Wight Massey, dated 3d November 1761. He thereby devised to the defendant, (his second son,) in fee simple, a lot of ground in the city of Philadelphia, then under lease to Thomas Fitzsimmons, he or his heirs paying to the said Elizabeth 300/. within three months after the expiration of the said lease, which would end on the 15th May 1767, and also the further sum of 150/. at the death of the…
1Opinion of the Court
.By the court.
This case appears to us to be free from difficulty, whether we regard the circumstances under which the will was made, the intention of the testator, or the authorities.
When the will was drawn, the house and lot which the testator devised to the defendant, his second son, was underlease, the last period of which, he mentions to be on the 15th May 1767. To his widow he devises thereout, an annuity of ‘I'll, per annum, during her life, and to his daughter Elizabeth 450i.; but the house being under lease, perhaps at a great under value, he deemed it expedient not to be subject the…
2Cited by4 opinions
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