Waddell v. Rattew
Supreme Court of Pennsylvania
Error to the Common Pleas of Montgomery County John Rattew, being seized in fee of the premises in question, by his will dated October 26,1780, devised the same in the following words: “I give, devise and bequeath, unto my son Aaron, the .messuage, plantation, and tract of land, where my son John now lives, in Middleton township, containing about one hundred nineteen acres more or less, with the appurtenances; to hold to him my said son Aaron, during the term of his natural…
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Error to the Common Pleas of Montgomery County John Rattew, being seized in fee of the premises in question, by his will dated October 26,1780, devised the same in the following words: “I give, devise and bequeath, unto my son Aaron, the .messuage, plantation, and tract of land, where my son John now lives, in Middleton township, containing about one hundred nineteen acres more or less, with the appurtenances; to hold to him my said son Aaron, during the term of his natural ■ life, and if he shall hereafter have issue of his body lawfully begotten, then to hold to him, his heirs, and assigns…
1Opinion of the Court
The opinion of the court was delivered by
Kennedy, J.
As the question to be decided in this ease, arises out of the will of John Rattew deceased, it becomes necessary in order to solve it correctly, to ascertain, if possible from the face of the will itself, what was the intention of the testator. And after , having discovered this, it will be our duty in construing the devise in question, to carry it into effect, so far as it shall be found consistent with the rules and policy of the law to do so.
The words of the will which have given rise to the present controversy are: <( Item, I give and…
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