Second Reformed Presbyterian Church v. Disbrow
Supreme Court of Pennsylvania
Error to the District Court of Philadelphia. This was an amicable action of ejectment for a house and lot in Philadelphia, by The Second ■ Reformed Presbyterian Church against William W. Disbrow and Margaret his wife.
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Error to the District Court of Philadelphia. This was an amicable action of ejectment for a house and lot in Philadelphia, by The Second ■ Reformed Presbyterian Church against William W. Disbrow and Margaret his wife. A case was stated in substance as follows:— ' Thomas Hamilton by his will devised to his “ wife Elizabeth Hamilton, the house'and premises I now reside in, No. 2219 Wood street, Philadelphia, to have and to hold, and enjoy during her lifetime, or dispose of the same as shall seem best unto her, and in doing so she shall possess all the rights and powers that I of right could do…
1Opinion of the Court
The opinion of the court was delivered, April 2d 1866, by
Woodward, C. J.
A devise of an estate generally or indefinitely, with a power of disposition over it, carries a fee. But where the estate is given for life only, the devisee takes only an estate for life, though a power of disposition or to appoint the fee by deed or will be annexed, unless there be some manifest and general iiftent of the testator which would be defeated by adhering to the particular intent. Words of implication do not merge or destroy an express estate for life unless it becomes absolutely necessary to uphold some…
2Cited by9 opinions
- Boyle v. BoyleSupreme Court of Pennsylvania · 1893
- Trout v. RomingerSupreme Court of Pennsylvania · 1901
- Evans v. SmithSupreme Court of Pennsylvania · 1895
- Snyder v. Baer, Pennsylvania Court of Common Pleas, York County1891
- Herskovitz's Estate No. 1.Superior Court of Pennsylvania · 1923
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