Roe v. Davis
Supreme Court of Pennsylvania
Ejectment for messuages and lots of ground in the city of Philadelphia, wherein a case was stated for the opinion of this court, viz.
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Ejectment for messuages and lots of ground in the city of Philadelphia, wherein a case was stated for the opinion of this court, viz. Sarah Parrock being seized in fee of the premises in the declaration mentioned, made her last will and testament in writing duly proved and registered, whereby (inter alia) she devised as follows: 1 ‘ I give, devise and bequeath all the rest and residue of my ‘ ‘ estate whatever and wheresoever unto my dear and beloved “brother John Parrock, during the term of his natural life, “and if he leaves lawful issue, then I give my real estate unto “such issue; but -in…
1Opinion of the Court
Shippen J.
I am clearly of opinion, that the word ‘1 issue, ’ ’ in the will of Sarah Parrock, must be construed a word of limitation, in order to effectuaté the. intention of the testator, to let in the issue by succession, which cannot be done unless the estate given to the father be construed an estate tail.
It has been qestioned, whether as John Parrock had the right of suffering a common recovery, when the estate came into the hands of the commonwealth by forfeiture, it did not come with that right annexed to' it, so as to vest an absolute fee simple in the state? Or whether only such an…
2Cases cited2 opinions
- Auman v. AumanSupreme Court of Pennsylvania · 1853
- Stover's AppealSupreme Court of Pennsylvania · 1875
3Cited by4 opinions
- Fraser v. CheneMichigan Supreme Court · 1851
- James's ClaimSupreme Court of the United States · 1780
- Kean's Lessee v. RoeSupreme Court of Delaware · 1836
- Lyle v. RichardsSupreme Court of Pennsylvania · 1823