Shoofstall v. Powell
Supreme Court of Pennsylvania
Error to the- Court of Common Pleas of Crawford county. This was an action of ejectment, brought to recover eighty acres of land, in the township of Fairfield, Crawford County.
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Error to the- Court of Common Pleas of Crawford county. This was an action of ejectment, brought to recover eighty acres of land, in the township of Fairfield, Crawford County. The plaintiff, Shoofstall, derived title through one Rachel- Mason, by a devise of the premises to him by will, dated May 18, 1842. The title of said Rachel Mason was, by deed, from Isaac Powell, with habendum and tenendum, as follows: . “ To have and to hold the same, to the proper use, benefit and behoof of her, the said Rachel Mason, during her natural life; and also for the use and benefit of her husband, George…
1Opinion of the Court
The opinion of the court was delivered
by Lewis, J.
— The deed of Isaac Powell, after granting an estate to Rachel Mason and “.the heirs of her body,” contained a clause by which it was provided that if “ the said Rachel will have no *21heirs, or dying intestate,” the land shall revert to the grantor. She died without heirs of her body, but devised the land to the plaintiff in error; and the question is, whether the words “ dying intestate” gave her the power by implication to devise the land. No formal set of words is requisite to create or reserve a power. It may be created by deed or will, and…
2Cases cited1 opinion
- Jackson ex dem. Hammond v. VeederNew York Supreme Court · 1814
3Cited by1 opinion
- Willing EstatePennsylvania Orphans' Court, Philadelphia County · 1959