Kleppner v. Laverty
Supreme Court of Pennsylvania
Error to the District Court of Allegheny county: No. 128, to October and November Term 1871. This was an action of debt brought, April 1st 1871, by Mary A. Laverty against John Kleppner, in which there was the following case stated:— Felix Laverty died March 30th 1869. By his will and codicil dated March 28th and 29th 1869, and proved April 1st 1869, he provided as follows:— “ I hereby devise and bequeath to my daughter Mary Ann, for , and during her natural life, all my…
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Error to the District Court of Allegheny county: No. 128, to October and November Term 1871. This was an action of debt brought, April 1st 1871, by Mary A. Laverty against John Kleppner, in which there was the following case stated:— Felix Laverty died March 30th 1869. By his will and codicil dated March 28th and 29th 1869, and proved April 1st 1869, he provided as follows:— “ I hereby devise and bequeath to my daughter Mary Ann, for , and during her natural life, all my real estate; and upon the happening of her death, I devise and bequeath the same to her lawful issue, should she leave any.…
1Opinion of the Court
The opinion of the court was delivered, November 9th 1871, by
Sharswood, J.
The word “ issue” in a will means primá facie the same thing as “ heirs of the body,” and in general is to be construed as a word of limitation; but this construction will give way, if there be on the face of the instrument sufficient to show that the word was intended to have a less extended meaning and to be applied only to children, or to descendants of a particular class or at a particular time. The authorities in support of this general rule are cited in Taylor v. Taylor, 13 P. F. Smith 484, to which may be added…
2Cases cited1 opinion
- Paxson v. LeffertsSupreme Court of Pennsylvania · 1831
3Cited by4 opinions
- Morrison v. Truby, Pennsylvania Court of Common Pleas, Armstrong County1891
- Kyner v. HockersmithSupreme Court of Pennsylvania · 1912
- Reimer v. ReimerSupreme Court of Pennsylvania · 1899
- Clark Estate, Pennsylvania Court of Common Pleas, Philadelphia County1976