Caldwell v. Skilton
Supreme Court of Pennsylvania
This case was disposed of in the Nisi Prius on a case stated, viz : John A. Caldwell, vs. George B. Skilton, March Term, 1849, No. 87. It is agreed in above case that the following facts be submitted to the court in the nature of a case stated: In April, 1823, Purnell Warrington purchased in fee simple a messuage and lot on the west side of Second street, between Cedar and Gaskill streets, in the city of Philadelphia, and in 1836, died, seized of the same, having first made…
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This case was disposed of in the Nisi Prius on a case stated, viz : John A. Caldwell, vs. George B. Skilton, March Term, 1849, No. 87. It is agreed in above case that the following facts be submitted to the court in the nature of a case stated: In April, 1823, Purnell Warrington purchased in fee simple a messuage and lot on the west side of Second street, between Cedar and Gaskill streets, in the city of Philadelphia, and in 1836, died, seized of the same, having first made and published his last will and testament in writing, dated in September, 1823, and duly proved and filed in the office…
1Opinion of the Court
The opinion of the court was delivered by
Bell, J.
I am satisfied, from the reasoning submitted on the part of the plaintiff below, and upon the authority of all the cases, that by the phrase “ in case of the death of either of my children,” the testator did not mean death generally, or whenever it might happen, but in the contingent sense of death occurring within a particular time, in which case the devise over was to take effect by way of substitution, and not as a limitation engrafted on, and qualifying the fee given to the children. It is very obvious it was not intended to cut down the…
2Cited by7 opinions
- Fisher's EstateSupreme Court of Pennsylvania · 1930
- Freeman's EstateSupreme Court of Pennsylvania · 1924
- Morrison v. Truby, Pennsylvania Court of Common Pleas, Armstrong County1891
- Hogg's EstateSuperior Court of Pennsylvania · 1905
- Daniels's EstateSuperior Court of Pennsylvania · 1905
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