Clayton v. Clayton
Supreme Court of Pennsylvania
The testator devised “ unto S. “ E. the grand- “ daughter of “ his sister, and “ to her chil- “ dren, the plan- “ taitón they ■ “ then lived up- “ on, for the use “ ofher the said “ S. E. during ‘‘ her life, and “ immediately “ after her de- “ cease, to be “ equally divi- “ ded among “ the surviving ‘ ‘ children of “ her the said “ S. E.” He gave a legacy of 10/. to his heir of S. E. took but at law, and 40/. to each of the children of his heir, an estate for life.
Read the full summary
The testator devised “ unto S. “ E. the grand- “ daughter of “ his sister, and “ to her chil- “ dren, the plan- “ taitón they ■ “ then lived up- “ on, for the use “ ofher the said “ S. E. during ‘‘ her life, and “ immediately “ after her de- “ cease, to be “ equally divi- “ ded among “ the surviving ‘ ‘ children of “ her the said “ S. E.” He gave a legacy of 10/. to his heir of S. E. took but at law, and 40/. to each of the children of his heir, an estate for life. Held that the children IN ERROR. IN ejectment in the Common Pleas of Bucks, by John Clayton the plaintiff below, judgment was…
1Opinion of the Court
Tilghman C. J.
Richard Clayton deceased, by his last will and testament dated 15th November 1770 devised as follows. “ I give and bequeath unto Sarah Evans wife of James “ Evans, and granddaughter of my sister Margaret Jones, “ and to her children, the plantation they now live upon, be- “ ing the same tract of land I bought of Jacob Jones, con- “ taining one hundred and seventy-one acres, for the use of “ her the said Sarah Evans during her life, and immediately “ after her decease to be equally divided among the survi- “ ving children of her the said Sarah EvansR A legacy of 10/. was given to…
2Cases cited2 opinions
- Busby v. Busby, Pennsylvania Court of Common Pleas, Philadelphia County1787
- French v. M'IlhennySupreme Court of Pennsylvania · 1809
3Cited by12 opinions
- Brown v. DysingerSupreme Court of Pennsylvania · 1829
- Walker v. HallSupreme Court of Pennsylvania · 1859
- Middleton v. PritchardIllinois Supreme Court · 1842
- Cassell v. CookeSupreme Court of Pennsylvania · 1822
- Miller v. United StatesDistrict Court, W.D. Pennsylvania · 1967
7 more not listed; retrieve them via the Exa API.