Sloan v. Hanse
Supreme Court of Pennsylvania
Appeal from the decision of Smith, J., at a Circuit Court held at Williamsport, Lycoming county, Jipril 25th, 1829. ■John Sloan brought, a writ of partition against Joseph Hanse, with notice to the terre-tena.nts.
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Appeal from the decision of Smith, J., at a Circuit Court held at Williamsport, Lycoming county, Jipril 25th, 1829. ■John Sloan brought, a writ of partition against Joseph Hanse, with notice to the terre-tena.nts. The defendant pleaded non tenent insimul. - ■ The following case was made for the opinion of the court: — “It is hereby agreed, that the will of George Sloan, deceased, is a part of the case: [The will,- so far as relates to the present controversy, was in these words:- — ' I give, devise, and bequeath unto my two cousins, Richard Hanse, and Joseph Hanse, of West Whiteland township,…
1Opinion of the Court
The opinion of the court was delivered by
Gibson, C. J.
— The intention of the testator, when sufficiently apparent, is undoubtedly the polar star; and, it is sometimes said,, that precedents serve rather to obscure, than to elucidate it. It is to be regretted, that this expression has been used by judges whose learning and ability give it currency. In the development of intention, rules of construction, which owe their existence entirely to precedent, and without which, no two minds, would often, if ever, arrive at the same conclusion, are indispensable to certainty of result; particularly…
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