Rapp v. Rapp
Supreme Court of Pennsylvania
In error to the Court of Common Pleas of Berks county. June 15. Peter Shearer, administrator de bonis non, with the will annexed, of Frederick Rapp, the plaintiff below and defendant in error, brought this action to recover from the executors of John Rapp, plaintiffs in error, and defendants below, the amount of the legacy or share bequeathed to him by his father, Frederick Rapp, deceased, being the one-eighth part of the estate of the said Frederick Rapp.
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In error to the Court of Common Pleas of Berks county. June 15. Peter Shearer, administrator de bonis non, with the will annexed, of Frederick Rapp, the plaintiff below and defendant in error, brought this action to recover from the executors of John Rapp, plaintiffs in error, and defendants below, the amount of the legacy or share bequeathed to him by his father, Frederick Rapp, deceased, being the one-eighth part of the estate of the said Frederick Rapp. The facts of the case upon which a recovery was sought in the court below, were these: On the 10th of December, 1803, Frederick Rapp made…
1Opinion of the CourtBurnside, J.
I am not aware that any case, ancient or modern, can be found, where the limitation over was held to be too remote when the person was in being at the timó of the death of the testator. See Powel on Dev. 406.
1. The first question presented in this case, was, whether under the devise over of Frederick Rapp, in case any of his children should die unmarried and without lawful issue, the share or portion of him or her so dying, should revert back to the survivors, share and share alike. This question is decided in Diehl et al. v. King et al., 6 Serg. & Rawle, 29, where it was held, that the…
2Cases cited2 opinions
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