Stevenson v. Fox
Supreme Court of Pennsylvania
ERROR TO THE COURT OF COMMON PLEAS NO 3 OF PHIL ADEL-PHIA COUNTY. No. 70 January Term 1889, Sup. Ct.; court below, No. 191 March Term 1886, C. P. No. 8. On February 26, 1886, William J. Stevenson began an action of ejectment against Henry K. Fox, executor of Joseph B. Stevenson, deceased, and Joseph S. Kobinson, Frank Slater and Joseph Wright, terre-tenants. The plea was, not guilty.
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ERROR TO THE COURT OF COMMON PLEAS NO 3 OF PHIL ADEL-PHIA COUNTY. No. 70 January Term 1889, Sup. Ct.; court below, No. 191 March Term 1886, C. P. No. 8. On February 26, 1886, William J. Stevenson began an action of ejectment against Henry K. Fox, executor of Joseph B. Stevenson, deceased, and Joseph S. Kobinson, Frank Slater and Joseph Wright, terre-tenants. The plea was, not guilty. On the trial before Finletteb, P. J., October 19, 1887, the jury found a verdict for the plaintiff, subject to a question of law reserved, arising upon the facts stated as follows: Ann Stevenson in her lifetime…
1Opinion of the Court
Per Curiam :
This casé is ruled by Mickley’s App., 92 Pa. 514, and Fitzwater’s App., 94 Pa. 141, where it was held that if a bequest be made to a person absolute in the first instance, and it is provided that in the event of death, or death without issue, another legatee or legatees shall be substituted to the share or legacy thus given, it shall be construed to mean death, or death without issue, before- the testator. The first taker is always the first object of the testator’s bounty, and his absolute estate is not to bo cut down to an estate for life. An examination of the will of Ann…
2Cases cited2 opinions
- Mickley's AppealSupreme Court of Pennsylvania · 1880
- Fitzwater's AppealSupreme Court of Pennsylvania · 1880
3Cited by7 opinions
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- Morgan v. RobbinsIndiana Supreme Court · 1899
- Ault v. KarchSupreme Court of Pennsylvania · 1908
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