Downer v. Downer
Supreme Court of Pennsylvania
ERROR to the special court of common pleas of Fayette county. Hiram Downer, Ruth Downer, Sarah Downer and Rachel Downer against Levi Downer.
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ERROR to the special court of common pleas of Fayette county. Hiram Downer, Ruth Downer, Sarah Downer and Rachel Downer against Levi Downer. Ejectment for a lot of ground in Union town, called the' “ Tan Yard Lot.” -Jonathan Downer, the father of the parties died seised of the lot in controversy, having first made his will, the material parts óf which áre as follows: • “ Thirdly, I give and devise unto my son, the said Levi Downer, the lot of ground in Union town, commonly called the Tan Yard Lot, containing about one acre and a quarter, with the appurtenances, and for the proper use and…
1Opinion of the Court
The opinion of the Court was delivered by
Ro&ers, J.
testator devised to his son, Levi Downer, the *62defendant, tbe premises in dispute, to him, his heirs and assigns forever: provided, however, that he shall pay over to his executors, for the benefit of the legatees thereafter mentioned, the sum of 3500 dollars, in four payments: viz. 500 dollars within three calendar months after his decease, and 1000 dollars yearly after-wards, until the whole was paid. This is, most clearly, a conditional estate, for where land is granted to a person “on condition,” or “provided always,” or “if it shall so…
2Cases cited1 opinion
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3Cited by15 opinions
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- Ashford v. EwingSupreme Court of Pennsylvania · 1855
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