Seybert v. Hibbert
Superior Court of Pennsylvania
Appeal, No. 177, April T., 1897, by defendants, from judgment o£ C. P. Clarion Co., Aug. T., 1894, No. 313, on verdict for plaintiff. This case turns upon the proper construction of the devise in the will set out in the opinion of the court. The facts involved are few and uncontroverted.
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Appeal, No. 177, April T., 1897, by defendants, from judgment o£ C. P. Clarion Co., Aug. T., 1894, No. 313, on verdict for plaintiff. This case turns upon the proper construction of the devise in the will set out in the opinion of the court. The facts involved are few and uncontroverted. The will was executed on February 22, and probated February 28, 1856. John Phillips, Sr., the testator, left a wife, six sons, Thomas, Jacob, Jonathan, David, John and Timothy, and three daughters, Sarah McCoy, Susanna (afterward intermarried with Horton), and Margaret the appellant (afterward intermarried…
1Opinion of the Court
Opinion by
Smith, J.,
Under the will of his father, John Phillips, Sr., David Phillips took an estate in the land in controversy, which he devised to his sister, Margaret Hibbert. His only surviving child, Minnie Seybert, contends that under his father’s will he took but a life estate, and the remainder in fee vested in her. His sister contends that he took a fee tail, which, converted into a fee simple *543by the act of April 27,1855, passed by his devise to her. The rights of the parties, therefore, depend on the quantum of estate devised to David Phillips.
The devise is in the following terms : “…
2Cases cited29 opinions
- Dodson v. BallSupreme Court of Pennsylvania · 1869
- Guthrie's AppealSupreme Court of Pennsylvania · 1861
- Doebler's AppealSupreme Court of Pennsylvania · 1870
- Grimes v. ShirkSupreme Court of Pennsylvania · 1895
- Yarnall's AppealSupreme Court of Pennsylvania · 1872
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3Cited by4 opinions
- Bond v. MooreIllinois Supreme Court · 1908
- Beilstein v. BeilsteinSupreme Court of Pennsylvania · 1899
- List's EstateSupreme Court of Pennsylvania · 1925
- Keeley v. Moon, Pennsylvania Court of Common Pleas, Bucks County1934