Calhoun v. Jester
Supreme Court of Pennsylvania
Error to the District Court of Allegheny. Sept. 12. This was an action of ejectment, by Noble and Mary Calhoun, against Daniel Jester and another. The plaintiffs were children of John Calhoun, who was a son of Alexander Calhoun. They were born after the death of Alexander Calhoun, their grandfather, who in his will devised as follows :— “ Item 5th.
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Error to the District Court of Allegheny. Sept. 12. This was an action of ejectment, by Noble and Mary Calhoun, against Daniel Jester and another. The plaintiffs were children of John Calhoun, who was a son of Alexander Calhoun. They were born after the death of Alexander Calhoun, their grandfather, who in his will devised as follows :— “ Item 5th. I will and bequeath unto my son, John Calhoun, one dollar; and I leave unto said John’s children, my plantation, with all my debts and other accounts, after paying all my just debts and other expenses ; also, by paying the several legacies herein…
1Opinion of the Court
The opinion of this court was delivered by
Gibson, C. J.
The direction, that the testator’s son John should have the privilege of living on the place with the children during his life, gave him, not an estate, but a license. Had he taken an estate, it would have been liable to judgment and execution by his creditors — the very thing, perhaps, which the testator designed to prevent. Besides, if a remainder, and not an immediate estate had been limited to the children, it could not have vested till John’s death ; but, by the terms of the devise, the plantation was to come into their possession,…
2Cited by11 opinions
- Fry v. StetsonSupreme Court of Pennsylvania · 1952
- Baldesberger v. BaldesbergerSupreme Court of Pennsylvania · 1954
- Shipley's EstateSuperior Court of Pennsylvania · 1911
- Sinnott's EstateSuperior Court of Pennsylvania · 1913
- Trattner EstateSupreme Court of Pennsylvania · 1958
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