Legal Opinion

Boyd's Heirs v. Bigham

Supreme Court of Pennsylvania

Decided October 5, 1846PublishedCited by 2 opinions

Error to the District Court of Alleghany' county. Sept. 25 .and 26. This was an action of'ejectment for 'one hundred and twenty acres of land, brought by,Francis McClintock and Catharine his wife, John Wilson and Sarah his wife, Mary Anne Boyd, George Boyd, Réed Boyd, James Boyd; and Joseph Boyd, heirs at law of Thomas Boyd, deceased, the plaintiffs in error, and plaintiffs below, against Robert Bigham, and-Hopper, the defendants in error.

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Error to the District Court of Alleghany' county. Sept. 25 .and 26. This was an action of'ejectment for 'one hundred and twenty acres of land, brought by,Francis McClintock and Catharine his wife, John Wilson and Sarah his wife, Mary Anne Boyd, George Boyd, Réed Boyd, James Boyd; and Joseph Boyd, heirs at law of Thomas Boyd, deceased, the plaintiffs in error, and plaintiffs below, against Robert Bigham, and-Hopper, the defendants in error. At the trial, it'was agreed-in open court, as there was no dispute- in. relation to the facts of the case, that the . following facts; admissions, and…

1Opinion of the CourtGibson, C. J.

The widow took, by this devise, either a fee-simple or an estate for life. If a fee, she took it subject to an executory devise to the plaintiffs on the contingency of her marriage or. death without disposal of it by will. If an estate for life, the limitation to the plaintiffs is good as a contingent remainder; and it is certainly good as the one or the other.

There is, perhaps, no case in which a limitation to one and his heirs has been cut down to an estate for life in furtherance of the *107general intent gathered from the context; but there is a series of cases in which it has been reduced to…

2Cited by2 opinions

  1. March EstateSupreme Court of Pennsylvania · 1947
  2. Duff's EstatePennsylvania Orphans' Court, Philadelphia County · 1926

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