Heck v. Clippenger
Supreme Court of Pennsylvania
In error from the Common Pleas of Cumberland. June 8. Stewart, by his will, devised a farm to his daughter Isabella, wife of the defendant below, “ during her natural life, and at her death to her children, and their heirs in fee-simple; to be for her and her family’s use during her natural life, and her children and their heirs to enjoy it at her death.” The devisee had several children, and was still living.
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In error from the Common Pleas of Cumberland. June 8. Stewart, by his will, devised a farm to his daughter Isabella, wife of the defendant below, “ during her natural life, and at her death to her children, and their heirs in fee-simple; to be for her and her family’s use during her natural life, and her children and their heirs to enjoy it at her death.” The devisee had several children, and was still living. A fi. fa. and sequestration having Issued against the estate of defendant in this land, on which he resided, the court set aside the sequestration, and this was the error assigned.
1Opinion of the CourtBell, J.
The plaintiffs in this case claim to sequester the rents and profits of the land devised by her father to Elizabeth Clippenger, during her natural life, by virtue of the writ of sequestration issued against her husband, Jacob Clippenger, on the ground that he is entitled to a freehold estate in the premises, ■pur autre vie, during the life of his wife, and in her right. If this be so, it *387is, certainly, by our laws, liable to be taken in execution in satisfaction of his debts, and the Court, of Common Pleas was wrong in setting aside the writ issued at the suit of the plaintiffs. The assertion…
2Cases cited3 opinions
- Evans v. KnorrSupreme Court of Pennsylvania · 1833
- Torbert v. TwiningSupreme Court of Pennsylvania · 1795
- Jamison v. BradySupreme Court of Pennsylvania · 1821
3Cited by6 opinions
- In Re Estate of JacobsonSupreme Court of Pennsylvania · 1975
- Scott v. BryanSupreme Court of Pennsylvania · 1899
- Gilbert's EstateSupreme Court of Pennsylvania · 1911
- Duffy EstatePennsylvania Orphans' Court, Schuylkill County · 1954
- Pfeiffer's Estate, Pennsylvania Court of Common Pleas, Delaware County1946
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