Legal Opinion

Steacy v. Rice

Supreme Court of Pennsylvania

Decided July 1, 1856PublishedCited by 6 opinions

Error to the Common Pleas of Lancaster county. This was an action of ejectment by Samuel Rice against John Steacy and Gainer Pierce, in which the jury found the following special verdict:— “ That Martin Herr, of Strasburg .township, Lancaster county, being seised of a certain messuage or tenement and parcel of land, situate in the borough of Strasburg, containing 5 acres and 61 perches, strict measure, in October 1805 made his last will and testament, proved April 27, 1810,…

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Error to the Common Pleas of Lancaster county. This was an action of ejectment by Samuel Rice against John Steacy and Gainer Pierce, in which the jury found the following special verdict:— “ That Martin Herr, of Strasburg .township, Lancaster county, being seised of a certain messuage or tenement and parcel of land, situate in the borough of Strasburg, containing 5 acres and 61 perches, strict measure, in October 1805 made his last will and testament, proved April 27, 1810, and letters testamentary issued to Martin Herr, Jr., and Samuel Herr, executors, wherein he directed, inter alia, as…

1Opinion of the Court

The opinion of the court was delivered by

Black, J.

The testator devised to a trustee and the heirs of the trustee all his real estate in Strasburg, for the separate use of his daughter (a married woman) during her life, and after her death he gave and devised the same real estate to the heirs of his said daughter in fee simple. The will was dated in 1805 and proved in 1810. The daughter became a widow in 1821, and died in 1851, leaving as her heirs two grandsons, of whom the plaintiff below is one. In 1847 she conveyed the land in fee to the defendant below, who has possession and claims title…

2Cases cited1 opinion

  1. Mark v. MarkSupreme Court of Pennsylvania · 1840

3Cited by6 opinions

  1. Little v. WilcoxSupreme Court of Pennsylvania · 1888
  2. Estate of QuinPennsylvania Orphans' Court, Philadelphia County · 1891
  3. Shalters v. LaddSupreme Court of Pennsylvania · 1891
  4. Kyle v. HibbsSupreme Court of Pennsylvania · 1924
  5. Wilson v. HeilmanSupreme Court of Pennsylvania · 1908

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