Fahrney v. Holsinger
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Franklin county: No. 88, to May Term 1870. On the 1st of April 1870 an amicable action of covenant was entered, in which Susanna Holsinger was plaintiff, and D. D. Eahrney defendant; and on the same day a case stated was filed in the action, in which the following facts were agreed to :— On the 15th of December 1852 Jacob Holsinger died, leaving his wife Elizabeth and five children, viz., Daniel, Jacob, Elizabeth, Christina, and Susanna…
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Error to the Court of Common Pleas of Franklin county: No. 88, to May Term 1870. On the 1st of April 1870 an amicable action of covenant was entered, in which Susanna Holsinger was plaintiff, and D. D. Eahrney defendant; and on the same day a case stated was filed in the action, in which the following facts were agreed to :— On the 15th of December 1852 Jacob Holsinger died, leaving his wife Elizabeth and five children, viz., Daniel, Jacob, Elizabeth, Christina, and Susanna the plaintiff in this action. At his death he was seised of a tract of land which, by his will, dated December 1847, he…
1Opinion of the Court
The opinion of the court was delivered, July 7th 1870, by
Sharswood, J.
There can be no question that the devise of the balance of the mansion farm to Daniel and Susanna, vested in them an estate in fee simple: “ unless it appear by a devise over or by words of limitation or otherwise in the will that the testator intended to devise a less estate.” Such is the provision of the ninth section of the Act of April 8 th 1833, Pamph. L. 250. Even, however, without the aid of that provision, the express charge of a sum in gross to be paid by the devisees as here the rate of fifty-five dollars an acre…
2Cases cited3 opinions
- Eichelberger v. BarnitzSupreme Court of Pennsylvania · 1840
- Lessee of Burkart v. BucherSupreme Court of Pennsylvania · 1810
- Lobach's CaseSupreme Court of Pennsylvania · 1837
3Cited by7 opinions
- Fidelity Trust Co. v. BobloskiSupreme Court of Pennsylvania · 1910
- Martin v. GrinageSupreme Court of Pennsylvania · 1927
- Morrison v. Truby, Pennsylvania Court of Common Pleas, Armstrong County1891
- Richards v. BentzSupreme Court of Pennsylvania · 1905
- Blue Ridge Textile Co. v. Travelers Indemnity Co., Pennsylvania Court of Common Pleas, Northampton County1961
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