Legal Opinion

Fisher v. Taylor

Supreme Court of Pennsylvania

Decided July 3, 1829PublishedCited by 36 opinions

Ejectment in the Court of Common Pleas of Mifflin county, removed to this court by writ of error. ' ■ Matthew Taylor, by his last will and testament, dated the 16th oí July, 1821, directed as follows:— “I will and direct, that my son, John Taylor, pay out of the. land devised to him six hundred and fifty dollars; and that my son, Henry Taylor, pay out of the land devised to him, thirteen hundred and fifty dollars, to, and for the following use and purpose: — My executors…

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Ejectment in the Court of Common Pleas of Mifflin county, removed to this court by writ of error. ' ■ Matthew Taylor, by his last will and testament, dated the 16th oí July, 1821, directed as follows:— “I will and direct, that my son, John Taylor, pay out of the. land devised to him six hundred and fifty dollars; and that my son, Henry Taylor, pay out of the land devised to him, thirteen hundred and fifty dollars, to, and for the following use and purpose: — My executors herein after mentioned shall, within one year after, my decease, purchase a tract of land, at the price of two thousand…

1Opinion of the Court

The opinion of the court was delivered by

Smith, J.

— The only question before the court below was, and it is the only question here, whether Sample Taylor had such an interest in the land mentioned in this ejectment, under the above-mentioned will, and' deed, as is by law subject to the lien of a judgment, and such as may be sold by execution against. him for the payment of his debts? There never has been a question, or doubt, as to the intention of the testator. He manifestly designed to secure to his son, Sample Taylor, the enjoyment of the rents, issues, and profits of the land, during his…

2Cited by36 opinions

  1. Nichols v. EatonSupreme Court of the United States · 1875
  2. Mandlebaum v. McDonellMichigan Supreme Court · 1874
  3. Dodson v. BallSupreme Court of Pennsylvania · 1869
  4. Rife v. GeyerSupreme Court of Pennsylvania · 1868
  5. McIlvaine v. SmithSupreme Court of Missouri · 1867

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