Heffner v. Knepper
Supreme Court of Pennsylvania
ERROR to the common pleas of Franklin county. John Heffner and others against Peter Knepper and Jacob M’Ferran. The following case is stated for the opinion of the court, subject to writ of error, by either party. The title to the lands, for which this ejectment was brought, it is admitted, Avas vested in fee simple in John Heffner, deceased. On the 30th of August 1823, the said John Heffner made his last aaúU and testament, duly proved and recorded.
Read the full summary
ERROR to the common pleas of Franklin county. John Heffner and others against Peter Knepper and Jacob M’Ferran. The following case is stated for the opinion of the court, subject to writ of error, by either party. The title to the lands, for which this ejectment was brought, it is admitted, Avas vested in fee simple in John Heffner, deceased. On the 30th of August 1823, the said John Heffner made his last aaúU and testament, duly proved and recorded. Albertos Heffner was one of the sons and devisees of the said-John Heffner. After making the said last will and testament, the said John Heffner…
1Opinion of the Court
The opinion of the Cotut was delivered by
Sergeant,
— The question argued in this case is one which has frequently been discussed and decided. The testator directs his real estate to be equally divided, in quantity and quality, amongst his six sons. This, by virtue of the word estate, would carry the fee. He afterwards declares, that if any of his sons or daughters should die without a lawful issue, then is such a one’s portion to be equally divided amongst then’ living brothers and sisters or their heirs. This limitation over upon a dying without lawful issue, reduces the fee to an estate…
2Cases cited5 opinions
- Matson v. HordSupreme Court of the United States · 1816
- Bedford v. ShillingSupreme Court of Pennsylvania · 1818
- Lessee of Haines v. WitmerSupreme Court of Pennsylvania · 1798
- Clark v. BakerSupreme Court of Pennsylvania · 1817
- Caskey v. BrewerSupreme Court of Pennsylvania · 1828
3Cited by3 opinions
- Braden v. CannonSupreme Court of Pennsylvania · 1854
- Watts v. ClardySupreme Court of Florida · 1848
- Stone v. McMullenSupreme Court of Pennsylvania · 1881