McBride v. Smyth
Supreme Court of Pennsylvania
Appeal from decree at Nisi Prius in equity, where it was a bill by Mary McBride, widow, Mary Jane Bodgers and James B. Bodgers her husband, Isaac McBride, Elizabeth McBride, Andrew T. McBride and Francis McBride against James Smyth, to compel the specific performance of a contract to purchase certain real estate, formerly the property of Francis McBride, deceased.
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Appeal from decree at Nisi Prius in equity, where it was a bill by Mary McBride, widow, Mary Jane Bodgers and James B. Bodgers her husband, Isaac McBride, Elizabeth McBride, Andrew T. McBride and Francis McBride against James Smyth, to compel the specific performance of a contract to purchase certain real estate, formerly the property of Francis McBride, deceased. The hearing at Nisi Prius was on bill and answer, and a decree •pro formá was entered dismissing the bill; the complainants appealed. The decedent, Francis McBride, died about January 1847, leaving a will dated December 23d 1846,…
1Opinion of the Court
The opinion of the court was delivered, by
Strong, J.
The first question raised by the bill and answer is whether the children of Francis McBride, the testator, took, under his will, a vested interest in the lands described, at his death, or whether, whatever interest any of them took under the will, vested first when the youngest child attained the age of twenty-one years. In regard to this we have no doubt. The testator devised all the residue of his estate, including the property described in the bill as sold to the defendant, to trustees, to hold until his youngest child who might then be…
2Cited by9 opinions
- Appeal of CogginsSupreme Court of Pennsylvania · 1889
- Raleigh's EstateSupreme Court of Pennsylvania · 1903
- In re TwaddellDistrict Court, D. Delaware · 1901
- Estate of QuinPennsylvania Orphans' Court, Philadelphia County · 1891
- Appeal of CraigeSupreme Court of Pennsylvania · 1889
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