Jauretche v. Proctor
Supreme Court of Pennsylvania
Certified from the Supreme Court at Nisi Prius. This was an action of covenant, by Matilda Jauretche against John W. Proctor, in which the' following case was stated for the opinion of the court:— “Peter Jauretche, domiciled in the city of Philadelphia, died a the year 1858, seised in fee simple of a certain three-story brick messuage and lot of ground, situate on the west side of Eleventh street, at the distance of seventy-nine feet northward from Pine street, in the said…
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Certified from the Supreme Court at Nisi Prius. This was an action of covenant, by Matilda Jauretche against John W. Proctor, in which the' following case was stated for the opinion of the court:— “Peter Jauretche, domiciled in the city of Philadelphia, died a the year 1858, seised in fee simple of a certain three-story brick messuage and lot of ground, situate on the west side of Eleventh street, at the distance of seventy-nine feet northward from Pine street, in the said city, containing in front on said Eleventh street nineteen feet six inches, and extending of that width in depth westward…
1Opinion of the Court
The opinion of the court was delivered, by
Woodward, C. J.
— It is a conceded point that the 1st article of the testator’s will gave to his wife a fee simple in his real estate, and an absolute estate in his personalty, and the question is, whether the subsequent clauses must be so construed as to cut down her interest to a life estate.
The words of the 2d article, taken separately from the context, are manifestly merely precatory, and not mandatory. He desired her not to sell the plantation at Cambo, if she could do otherwise, but he did not, by these words, expressly forbid a sale.
But the 3d…
2Cases cited1 opinion
- Schermerhorn v. NegusCourt for the Trial of Impeachments and Correction of Errors · 1845
3Cited by21 opinions
- Estate of TysonSupreme Court of Pennsylvania · 1899
- Byrne's EstateSupreme Court of Pennsylvania · 1935
- Pattin v. ScottSupreme Court of Pennsylvania · 1921
- Allen v. HirlingerSupreme Court of Pennsylvania · 1907
- Good v. Fichthorn, Pennsylvania Court of Common Pleas, Lancaster County1891
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