Denn v. Woodward
Supreme Court of Pennsylvania
Benoni Griffith being seized of tbe lands in question, inter alia, made his last will in writing dated 5th March 1739. He begins it thus: “As touching such worldly estate where-1 ‘ with it hath pleased God to bless me in this life, I give, “devise and dispose of the same in the following manner and “form.” “I give to my .eldest son Nathan 5I., to be levied ‘ ‘ out of my estate, and to be paid in two years after my de- “ cease.
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Benoni Griffith being seized of tbe lands in question, inter alia, made his last will in writing dated 5th March 1739. He begins it thus: “As touching such worldly estate where-1 ‘ with it hath pleased God to bless me in this life, I give, “devise and dispose of the same in the following manner and “form.” “I give to my .eldest son Nathan 5I., to be levied ‘ ‘ out of my estate, and to be paid in two years after my de- “ cease. Item, I give to my daughter Hannah 20I., to be ‘ ‘ levied out of my said estate, and to be paid in one year after “my decease. Item, I give to my youngest son Ezekiel,…
1Opinion of the Court
By the court.
If the words of the devise (Vide Cro. Jac. 695. Dyer 330, 331. Cro. El. 525,) should be supposed to give an estate tail to John, then clearly the issue and remainders were barred by the recovery had in 1773. If he thereby took an estate in fee simple, according to the cases cited, [and Moor 464,] then it is. to be considered, whether the failure of issue on his part, vests the lands in his brother Ezekiel. The intention of the testator is the great governing rule, since a man may devise his lands as he pleases, if his disposition of them be consistent with law. In construing a…
2Cases cited1 opinion
- Jessup v. SmuckSupreme Court of Pennsylvania · 1851
3Cited by4 opinions
- Conner's EstateSupreme Court of Pennsylvania · 1942
- Worst v. DeHavenSupreme Court of Pennsylvania · 1918
- Whitman's EstateSupreme Court of Pennsylvania · 1937
- Jessup v. SmuckSupreme Court of Pennsylvania · 1851