Skerrett v. Burd
Supreme Court of Pennsylvania
This was an action of covenant brought by David C. Skerrett against Edward S. Burd, to recover the arrears of a ground rent; in which a case was stated for the opinion of the Court, as follows: “ John Shields of the City of Philadelphia, being seised in fee of certain messuages, tenements and lots of ground, situate in the half square between Broad street and Juniper street, and Spruce street and Locust street, in the said city, made and executed his last will and testament,…
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This was an action of covenant brought by David C. Skerrett against Edward S. Burd, to recover the arrears of a ground rent; in which a case was stated for the opinion of the Court, as follows: “ John Shields of the City of Philadelphia, being seised in fee of certain messuages, tenements and lots of ground, situate in the half square between Broad street and Juniper street, and Spruce street and Locust street, in the said city, made and executed his last will and testament, dated the twenty-fourth day of December, 1829, which was duly proved in the Register’s Office for the City and County…
1Opinion of the Court
The opinion of the Court was delivered by
Sergeant, J.
The general rule in relation to a will is, that the estate disposed of must remain in the same condition till the death of the devisor; if the estate be afterwards altered" by the testator, so that it no longer exists as he devised it, the will is inoperative, and the act of alteration is construed a revocation. Parting with a portion of the estate, as by making a lease for life or years, or creating an incumbrance on it, as by mortgage, or conveyance for payment of debts, are only revocations pro tanto. 2 Christ. Black. 373. So a…
2Cases cited1 opinion
- Girard v. Mayor of PhiladelphiaSupreme Court of Pennsylvania · 1833
3Cited by9 opinions
- Balliet's AppealSupreme Court of Pennsylvania · 1850
- Mullock v. SouderSupreme Court of Pennsylvania · 1843
- Prager's EstateSuperior Court of Pennsylvania · 1920
- Gensimore's EstateSupreme Court of Pennsylvania · 1914
- Pleasants' AppealSupreme Court of Pennsylvania · 1875
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