Chambers v. Wilson
Supreme Court of Pennsylvania
ERROR to the common pleas of Beaver county. This was an action of ejectment brought by the sons and heirs at law of William Wilson deceased, who was one of the devisees of Robert Irwin deceased, to recover from James Chambers the plaintiffin error, one hundred acres of land, being part of lot No. 1740, in the^rsf district of donation lands. The following extract from the will of Robert Irwin contains all that is material to the case.
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ERROR to the common pleas of Beaver county. This was an action of ejectment brought by the sons and heirs at law of William Wilson deceased, who was one of the devisees of Robert Irwin deceased, to recover from James Chambers the plaintiffin error, one hundred acres of land, being part of lot No. 1740, in the^rsf district of donation lands. The following extract from the will of Robert Irwin contains all that is material to the case. After a bequest of personal property to his wife, the testator proceeds: “ I further give and devise to my wife Martha Irwin one hundred acres, with the…
1Opinion of the Court
The opinion of the Court was delivered by
Rogers, J.
The intention of the testator, though inartificially expressed, cannot be mistaken. He intended that some one of his own blood should inherit the property; and as it is probable he was ignorant of the state of his family in Ireland, to effectuate this intention he devises' the property in fee simple to the one of his brothers’ or sisters’ children who should first come from Ireland within six years after the notice of the devise. He enjoins the duty of giving this notice on his widow, who is his executrix and principal devisee; directs the…
2Cited by8 opinions
- Blackwood v. Van VleitMichigan Supreme Court · 1874
- Powell v. LantzySupreme Court of Pennsylvania · 1896
- Devine v. DeckrowMassachusetts Supreme Judicial Court · 1937
- M'Donald v. MausSupreme Court of Pennsylvania · 1839
- Morton v. FunkSupreme Court of Pennsylvania · 1847
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