Legal Opinion

Buzby's Appeal

Supreme Court of Pennsylvania

Decided February 16, 1869No. 15PublishedCited by 44 opinions

Appeal from the Orphans’ Court of Philadelphia: No. 15, to July Term 1868. The question in this appeal was upon the construction of a clause in the will of John Crean, deceased, who died in April 1834. His will was proved on the 22d day of that month. The clause is as follows:— “ Item.

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Appeal from the Orphans’ Court of Philadelphia: No. 15, to July Term 1868. The question in this appeal was upon the construction of a clause in the will of John Crean, deceased, who died in April 1834. His will was proved on the 22d day of that month. The clause is as follows:— “ Item. I give and devise unto the said Isaac Heylin and to his heirs and assigns,” (certain real estate), “to hold to him the said Isaac Heylin, his heirs and assigns for ever; in trust, nevertheless, to permit and suffer my said son, William Crean, to receive and take the rents, issues and profits thereof for his…

1Opinion of the Court

The opinion of the court was delivered, July 6th 1869, by

Williams, J.

John Crean, the elder, devised the real estate, the proceeds of which are in controversy, to Isaac Heylin, his heirs and assigns, in trust for the use of his son William, for life, and after his decease, in.trust for his children then living, and the lawful issue of such of them as should then be deceased, their respective heirs and assigns for ever, in equal parts and shares, such issue to take and receive such part and share only, as his, her or their deceased parents would have had and taken if then living, and for want…

2Cases cited3 opinions

  1. Kelso v. DickeySupreme Court of Pennsylvania · 1844
  2. State v. TurnerOhio Supreme Court · 1831
  3. Waddell v. RattewSupreme Court of Pennsylvania · 1835

3Cited by44 opinions

  1. Groninger's EstateSupreme Court of Pennsylvania · 1920
  2. Allison v. Allison's ExecutorsSupreme Court of Virginia · 1903
  3. Tatham's EstateSupreme Court of Pennsylvania · 1915
  4. Packer's EstateSupreme Court of Pennsylvania · 1914
  5. Wood v. SchoenSupreme Court of Pennsylvania · 1907

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