Braden v. Cannon
Supreme Court of Pennsylvania
ERROR to the Common Pleas of Westmoreland county. This was an action of ejectment to August Term, 1854, by William Cannon and Jane his wife, James Sweeny and Isabella his wife, and others, v. James Braden and David Ferguson, for a tract of land containing 225 acres, more or less. A case was stated in the nature of a special verdict.
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ERROR to the Common Pleas of Westmoreland county. This was an action of ejectment to August Term, 1854, by William Cannon and Jane his wife, James Sweeny and Isabella his wife, and others, v. James Braden and David Ferguson, for a tract of land containing 225 acres, more or less. A case was stated in the nature of a special verdict. John Braden was the owner of the land in dispute, and died seized of it in 1823, having made his will, which was without date, but was [Droved on the 28th January, 1823. He devised to his wife and his two eldest sons, William and John, and his daughter Jane,…
1Opinion of the Court
The opinion of the Court was delivered by
Woodward, J.
Had the testator stopped at that clause in the devise of the real estate at which he charged theMgaey of James and his support and education on the land given to William and John, they would, beyond controversy, have taken a fee simple, for nothing less could result from a devise óf all his real estate to them, share and share alike, subject to legacies, not only to James, but to the daughters ..also. Then, on the death of William, and John without issue, the e'state would have gone to James and the sisters, as heirs at law. But he did not…
2Cases cited2 opinions
- Lessee of Haines v. WitmerSupreme Court of Pennsylvania · 1798
- Heffner v. KnepperSupreme Court of Pennsylvania · 1837
3Cited by4 opinions
- Seybert v. HibbertSuperior Court of Pennsylvania · 1897
- Sheeley v. NeidhammerSupreme Court of Pennsylvania · 1897
- Linn v. BowmanSuperior Court of Pennsylvania · 1921
- Bowen's EstatePennsylvania Orphans' Court, Philadelphia County · 1938