Cameron v. Coy
Supreme Court of Pennsylvania
Appeal, No. 303, Oct. T., 1894, by-defendant, from judgment of O. P. Indiana Co., Sept. T., 1894, No. 276, on case stated for plaintiff. Case stated to determine marketability of title to land which plaintiff agreed to sell to defendant. Before White, P. J. The facts appear by the opinion of the Supreme Court. Error assigned was entry of judgment for plaintiff.
1Opinion of the Court
Opinion by
Mb. Justice Mitchell,
The rule which was adopted by our earlier cases from the English authorities and perhaps may still be called the general rule is that the words “ die without leaving issue ” presumably refer to an indefinite failure of issue, but this presumption will yield to a contrary intent apparent from the whole will: Middleswarth’s Admr. v. Blackmore, 74 Pa. 414. And this court has frequently said with great emphasis that it is the testator’s actual intent that must govern, and where that is clear all technical rules of construction must give way to it: Reck’s Appeal, 78…
2Cases cited2 opinions
- Chandler v. WoelpperSupreme Court of Pennsylvania · 1889
- Middleswarth's Adm'r. v. BlackmoreSupreme Court of Pennsylvania · 1874
3Cited by1 opinion
- Crandell v. BarkerNorth Dakota Supreme Court · 1898