Lessee of Ware v. Fisher
Supreme Court of Pennsylvania
Ejectment for a lot of ground, in the Northern Liberties, in Philadelphia county. The following case was stated for the decision of the court, and the situation of the parties rendering a speedy determination indispensably necessary, it was submitted in the vacation to Shippen, Chief Justice, Yeates and Smith, Justices, by the counsel on both sides, with their arguments in writing, under an agreement that judgment should be entered thereon conformably to their opinion.
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Ejectment for a lot of ground, in the Northern Liberties, in Philadelphia county. The following case was stated for the decision of the court, and the situation of the parties rendering a speedy determination indispensably necessary, it was submitted in the vacation to Shippen, Chief Justice, Yeates and Smith, Justices, by the counsel on both sides, with their arguments in writing, under an agreement that judgment should be entered thereon conformably to their opinion. Richard Dennis being seized in fee of the premises, made his last will and testament in writing, bearing date the 17th…
1Opinion of the Court
The opinion of Yeates, J. was as follows :
It is undoubtedly a general rule, that on a devise of lauds, or a legacy of personalties, if the devisee or legatee die in the life-time of the testator, the same are lapsed. Yet a will may be so penned as to prevent such lapse. But there must be special words, to show clearly, that to be the testator’s intention. 1 Wms. 84. Thus, if one devises in the words following: “ I give and devise the several legacies and sums following, which I will shall be paid to the several persons hereinafter named, and that if any of those persons should die before the…
2Cases cited1 opinion
- Hood v. BowmanMississippi Chancery Courts · 1844
3Cited by5 opinions
- Osborn v. First National BankSupreme Court of Pennsylvania · 1896
- Louisville Trust Co. v. Kentucky Nat. BankU.S. Circuit Court for the District of Kentucky · 1898
- Lesieur's EstateSupreme Court of Pennsylvania · 1903
- Gibbons v. FairlambSupreme Court of Pennsylvania · 1856
- Rotonti v. Pennsylvania RailroadSuperior Court of Pennsylvania · 1912