McDevitt's Appeal
Supreme Court of Pennsylvania
Appeal from the Orphans’ Court of Lancaster county: Of January Term, 1886, No. 464. Appeal of Eliza L. McDevitt from the decree of said court distributing the funds remaining in the hands of the trustee of Eli T. Derrick, to the administrator of the said Eli T. Derrick, The facts of tbe case appear from the report of the Auditor, A. C. Bruner, Esq., appointed to distribute the- funds in- the hands of Wm.
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Appeal from the Orphans’ Court of Lancaster county: Of January Term, 1886, No. 464. Appeal of Eliza L. McDevitt from the decree of said court distributing the funds remaining in the hands of the trustee of Eli T. Derrick, to the administrator of the said Eli T. Derrick, The facts of tbe case appear from the report of the Auditor, A. C. Bruner, Esq., appointed to distribute the- funds in- the hands of Wm. B. Given, trustee, under the will of Richard Derrick, deceased, to and among those legally entitled to the same. The Auditor, from the evidence produced before him, found the facts to be as…
1Opinion of the CourtChief Justice Meectj.es
Section 9 of the Act of 8th April, 1833, declares, “all devises of real estate shall pass the whole estate of the testator in the premises devised, although there be no words of inheritance or of perpetuity, unless it appear by a devise over or by words of limitation or otherwise, in the will, that the testator intended to devise a less estate.”
The present contention is, whether Eli T. Derrick, took a fee in the real estate of his father Richard Derrick, under tiro will of the latter? The clause under which it is claimed Eli took a fee, contains no words of inheritance. It is therefore by…
2Cited by3 opinions
- Mayer's EstateSupreme Court of Pennsylvania · 1927
- Murray's EstateSupreme Court of Pennsylvania · 1933
- Patton's EstateSupreme Court of Pennsylvania · 1920