French v. M'Ilhenny
Supreme Court of Pennsylvania
THIS was an appeal from the decision of Ye ates J. at a Circuit Court for Dauphin, in November 1805. It was an action of covenant, in which judgment was entered by consent for the plaintiff, subject to the opinion of the Court upon a case which stated that ■“ Seth Rodgers, being “ seised in his demesne as of fee, of and in a certain tract of “ land, situate in West Hanover township, Dauphin county, “ made his last will and testament in writing, dated October “ 3, 1757, in…
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THIS was an appeal from the decision of Ye ates J. at a Circuit Court for Dauphin, in November 1805. It was an action of covenant, in which judgment was entered by consent for the plaintiff, subject to the opinion of the Court upon a case which stated that ■“ Seth Rodgers, being “ seised in his demesne as of fee, of and in a certain tract of “ land, situate in West Hanover township, Dauphin county, “ made his last will and testament in writing, dated October “ 3, 1757, in hate verba; and as for such worldly estate, “ wherewith it has pleased God to bless me in this life, I “ give, dispose,…
1Opinion of the Court
Upon this day the judges delivered their opinions.
Tilchman C. J.
This case arises on the will of Seth Rodgers, made the 3d October 1757; and the question is, whether the testator’s nephews took an estate in fee simple in the land devised to them. '
At the time of the argument of this cause in the Circuit Court of Dauphin county, it was supposed that the testator held the land only by warrant and survey, and it is probable that the court relied on that circumstance. Titles of this kind were formerly considered as personal estate; and accordingly it was decided in an anonymous case reported in 3…
2Cases cited4 opinions
- Georgia v. BrailsfordSupreme Court of the United States · 1794
- Lambert's Lessee v. PayneSupreme Court of the United States · 1805
- Blair v. BuserIndiana Superior Court · 1873
- AnonymousSupreme Court of the United States · 1798
3Cited by13 opinions
- Willard's EstateSupreme Court of Pennsylvania · 1871
- Brown v. DysingerSupreme Court of Pennsylvania · 1829
- Clayton v. ClaytonSupreme Court of Pennsylvania · 1811
- Lonsdale v. BrownU.S. Circuit Court for the District of Eastern Pennsylvania · 1821
- Neide v. NeideSupreme Court of Pennsylvania · 1833
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