Morris v. Phaler
Supreme Court of Pennsylvania
ERROR to the common pleas of York county. This was an amicable action of debt by Christian Phaler against Joseph Morris, in which this special verdict .was found.
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ERROR to the common pleas of York county. This was an amicable action of debt by Christian Phaler against Joseph Morris, in which this special verdict .was found. On the 1st of November 1789, John Shafer made his will, by which he,-among other things, devised to his wife Christina a house and half lot in the borough of York, to enjoy the same during her widowhood ; and in case she should remain his widow during her life, then said house and lot to be sold after her death, and the one half of the money arising therefrom he bequeathed unto the heirs and assigns of his said wife. The said John…
1Opinion of the Court
The opinion of the Court was delivered by
Gibson, C. J.
This case falls distinctly within afamiliar principle. It is an undoubted rule that the bequest of a general power of disposal, carries the absolute property wherever a limited interest is not given. And the reason for it seems to be, that such a power, being a principal attribute of ownership, necessarily implies the existence of it wherever the implication is not rebutted by the bequest of a special interest inconsistent with it. The rule is well established by Maskeyline v. Maskeyline, Amb. 750, and Nannock v. Horton, 7 Ves. 393; and is…
2Cited by5 opinions
- Caldwell v. FultonSupreme Court of Pennsylvania · 1858
- Foos v. ScarfCourt of Appeals of Maryland · 1881
- Alford's Adm'r v. Alford's Adm'rSupreme Court of Alabama · 1876
- Bolman v. LohmanSupreme Court of Alabama · 1885
- Jones v. WoodOhio Circuit Courts · 1895