In re Estate of Jackson
Supreme Court of Pennsylvania
Appeal, No. 19, Oct. T., 1896, by-Robert Jackson, from decree of O. C. Beaver Co., Sept. T., 1892, No. 3, awarding petition. Petition for partition. The petition was filed by Catharine Jackson praying partition of land devised to her and her brother, Robert Jackson, by her father, James Jackson. Robert Jackson filed an answer denying that Catharine was seized of an absolute estate in the land, and averring that she had but a defeasible interest.
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Appeal, No. 19, Oct. T., 1896, by-Robert Jackson, from decree of O. C. Beaver Co., Sept. T., 1892, No. 3, awarding petition. Petition for partition. The petition was filed by Catharine Jackson praying partition of land devised to her and her brother, Robert Jackson, by her father, James Jackson. Robert Jackson filed an answer denying that Catharine was seized of an absolute estate in the land, and averring that she had but a defeasible interest. The will of James Jackson was as follows : “I James Jackson of North Sewickley township, Beaver county, and state of Penn’.a, being old and infirm,…
1Opinion of the Court
Opinion by
Mr. Justice Fell,
In the case of Jessup v. Smuck, 16 Pa. 327, relied on by the appellant, the son whose estate was held to be limited was treated in the will as living at a period subsequent to the death of the testator, and the terms in which the contingency and limitation were expressed were considered as repelling the inference that the testator contemplated the death of the first taker before his own. The principle that the devise of a fee absolute in the first instance cannot be reduced to an estate for life unless the intention to do so is clear is recognized in the opinion,…
2Cases cited7 opinions
- Amelia Smith's AppealSupreme Court of Pennsylvania · 1853
- Letchworth's AppealSupreme Court of Pennsylvania · 1858
- Mitchell v. Pittsburg, Fort Wayne & Chicago Ry.Supreme Court of Pennsylvania · 1895
- Womrath v. McCormickSupreme Court of Pennsylvania · 1866
- Estate of BiddleSupreme Court of Pennsylvania · 1857
2 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Smith's PetitionSupreme Court of Pennsylvania · 1927
- Hermann's EstateSupreme Court of Pennsylvania · 1908
- Fidelity Trust Co. v. BobloskiSupreme Court of Pennsylvania · 1910
- McKinley v. MartinSupreme Court of Pennsylvania · 1910
- Carter's EstateSupreme Court of Pennsylvania · 1916
16 more not listed; retrieve them via the Exa API.