Gest v. Way
Supreme Court of Pennsylvania
This was a writ of error to the Court of Common Pleas of Chester county, where an action of partition had been brought by Mary Ann Way and Joseph Morris Way, minors, by their guardians Jeremiah Barnard, junr., and Maris Taylor, against Mary Ann Gest, Joseph Gest, John B. Gest, Deborah Gest, Elizabeth Gest and Jacob T. Gest, also minors, who appeared by their father John Gest, to obtain partition of a tract of 'land, situate in West Marlborough township, and county of…
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This was a writ of error to the Court of Common Pleas of Chester county, where an action of partition had been brought by Mary Ann Way and Joseph Morris Way, minors, by their guardians Jeremiah Barnard, junr., and Maris Taylor, against Mary Ann Gest, Joseph Gest, John B. Gest, Deborah Gest, Elizabeth Gest and Jacob T. Gest, also minors, who appeared by their father John Gest, to obtain partition of a tract of 'land, situate in West Marlborough township, and county of Chester, containing about 67 acres. ■ A case was stated in the court below to be considered as in the nature of a special…
1Opinion of the Court
Rogers, J.,
(after stating the material facts)—In Way and another administrators of Way v. Gest, (14 Serg. & Rawle, 40,) a case arising under the same will, it was decided, that the devise to Judith was of an estate'for life, with a contingent remainder, with a double aspect to her issue in fee. But in consequence of the death of Judith before her father, that which would otherwise have been a contingent remainder is converted into an executory devise to the issue of Judith in fee. The devise to her for life, never having taken effect, is considered as if limited without any intermediate…
2Cases cited3 opinions
- Funk v. VoneidaSupreme Court of Pennsylvania · 1824
- M'Neilledge v. GalbraithSupreme Court of Pennsylvania · 1822
- Way v. GestSupreme Court of Pennsylvania · 1826
3Cited by7 opinions
- Mayhew's EstateSupreme Court of Pennsylvania · 1931
- Holly v. TravisSupreme Court of Pennsylvania · 1920
- Clark v. M'CommanSupreme Court of Pennsylvania · 1844
- Wilmington Trust Co. v. ChapmanCourt of Chancery of Delaware · 1934
- Priester's EstateSuperior Court of Pennsylvania · 1903
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