Scott v. Murray
Supreme Court of Pennsylvania
Appeal, No. 26, Oct. T., 1907, by plaintiff, from judgment of C. P. No. 1, Allegheny Co., Sept. Term, 1906, No. 797, for defendant on case stated in suit of W. L. Scott and C. L. Saxton v. R. J. Murray. Case stated to determine the marketable title to real estate. Prom the record it appeared that plaintiff claimed title by mesne conveyances from Sarah McWhinney.
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Appeal, No. 26, Oct. T., 1907, by plaintiff, from judgment of C. P. No. 1, Allegheny Co., Sept. Term, 1906, No. 797, for defendant on case stated in suit of W. L. Scott and C. L. Saxton v. R. J. Murray. Case stated to determine the marketable title to real estate. Prom the record it appeared that plaintiff claimed title by mesne conveyances from Sarah McWhinney. Mrs. McWhinney’s title was derived under her husband’s will, the material portion of which was as follows: “ 1. I give, bequeath and devise all my estate, real, personal and mixed, of every kind whatsoever, to my dear wife, Sarah…
1Opinion of the Court
Per Curiam,
Testator devised all his estate, real, personal and mixed to his wife “ and her heirs and assigns forever.” This was a fee simple in the very language of the books, and if he had stopped here there could have been no question. But he added, “so long as she remains my widow.” These words, however, do not indicate any intention to cut down the quantum of estate granted, which is never done except in obedience to a clear intent. No such intent is expressed here. On the contrary, the words are equivalent to saying “provided she remains my widow,” and instead of cutting down the estate,…
2Cases cited2 opinions
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