McCullough v. Johnetta Coal Co.
Supreme Court of Pennsylvania
Appeal, No. 176, Oct. T., 1904, by-defendant, from judgment of C. P. Washington Co., Aug. T., 1904, No. 62, on case stated in suit of James W. McCullough et al. v. Johnetta Coal Compaüy. Case stated to determine the marketable title to real estate. The plaintiff claimed title from Alexander Horn.
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Appeal, No. 176, Oct. T., 1904, by-defendant, from judgment of C. P. Washington Co., Aug. T., 1904, No. 62, on case stated in suit of James W. McCullough et al. v. Johnetta Coal Compaüy. Case stated to determine the marketable title to real estate. The plaintiff claimed title from Alexander Horn. Mary Horn, mother of Alexander, by her will directed as follows : “ Fifth—I direct that my executor shall collect the notes due me from various persons and invest the money derived therefrom in land, the rents and profits of this land to go to my son, Alexander Horn, and my executor shall have a…
1Opinion of the Court
Opinion by
Mb. Justice Brown,
After the executor had purchased the land in pursuance of the direction in the fifth clause of the will of the testatrix her son became the equitable owner of it, and, if of a fee simple in it, the title proffered to the appellant is good. By the succeeding clause there is a devise over to the “ brothers and sisters or other heirs ” of the testatrix, if the son should “ die without issue.” That under the settled rule of property in relation to land devised the son took an estate tail, cannot be questioned. By the act of 1855 it became a fee. But apart from any rule…
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