Kennedy's Appeal
Supreme Court of Pennsylvania
Certificate from Nisi Prius, No. 234, to January Term 1869. This was an amicable action of ejectment and case stated in which G-uadalupe C. Kennedy, widow of James Lenox Kennedy, deceased, and Louisa Kennedy and others his children, wore plaintiffs and S. B. Wylie Mitchell and Ellen Keene Mitchell his wife, were defendants.
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Certificate from Nisi Prius, No. 234, to January Term 1869. This was an amicable action of ejectment and case stated in which G-uadalupe C. Kennedy, widow of James Lenox Kennedy, deceased, and Louisa Kennedy and others his children, wore plaintiffs and S. B. Wylie Mitchell and Ellen Keene Mitchell his wife, were defendants. The premises in controversy are a lot of ground and three-story brick dwelling-house thereon at the north-west corner of Chestnut and Tenth streets, Philadelphia. The facts in the case stated are as follows:— Sarah Lukens Keene, of the city of Philadelphia, died May 11th…
1Opinion of the Court
The opinion of the court was delivered,
by.
Agnew, J.
Under the 9th section of the Act of 8th April 1833, relating to wills, the devise to David S. Kennedy, James *515Kennedy, and Eliza Kennedy (now Hannay), imported a fee, no other intent being expressed or inferable from Miss Keene’s will. The charge of the ground-rent does not alter the rule of the statute, as it exhibits no intent to cut down the inheritance to a life estate. When the question was, whether the charge enlarged the estate from life to a fee, the distinction as to whether the rent was affixed to the estate or to the person of the…
2Cited by9 opinions
- Packer's EstateSupreme Court of Pennsylvania · 1914
- Holohan v. MelvilleWashington Supreme Court · 1952
- Brown's EstateSupreme Court of Pennsylvania · 1941
- Sturm v. SawyerSuperior Court of Pennsylvania · 1896
- Goldstein v. HammellSuperior Court of Pennsylvania · 1912
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