McGregor v. Davidson
| Decision Date | 26 July 1900 |
| Docket Number | 222-1900 |
| Citation | 14 Pa.Super. 230 |
| Parties | McGregor v. Davidson |
| Court | Pennsylvania Superior Court |
Argued May 7, 1900
Appeal by defendant, in suit of D. T. McGregor against E. E Davidson, from judgment of C.P. Indiana Co.-1900, No. 222, on case stated in favor of plaintiff.
Case stated. Before White, P. J.
By agreement under the case stated it was provided that if the plaintiff, D. T. McGregor, by the will of his father, George McGregor, took and acquired an absolute estate in fee simple to the undivided one-half part of the land in question, then judgment be entered in favor of plaintiff; if not, judgment to be entered in favor of defendant.
Other material facts appear in the opinion of the court.
The court below entered judgment in favor of plaintiff on case stated. Defendant appealed.
Error assigned was in entering judgment in favor of plaintiff under provisions of the case stated.
D. H Tomb, for appellant. -- In Dull's Estate, 137 Pa. 112 after the granting of a life estate, it was held that the estate did not become absolute by force of the words " his heirs." This is almost a parallel case with the one in hand, and while the words used in this case seem to be words of inheritance the intention of the testator was sought and followed, and was decided to defeat the absolute estate under the above expression.
We are certainly of the opinion that where the clear intention of the testator is expressed as in the present case no mere technical term which happened to be used by this untutored scribner should be allowed to change and defeat the clear wish and desire, as thus expressed by the individual who had full power and right to place his property where he wished.
There is nothing in the whole will which indicates that the testator intended to devise more than a life estate to Daniel T. McGregor, but on the contrary the entire tenor of the will is to preserve this estate from the creditors and from the disposition of Daniel T. McGregor, and place the same finally in the hands of his children.
J. N Banks, for appellee, filed no paper-book.
Before Rice, P. J., Beaver, Orlady, W. W. Porter and W. D. Porter, JJ.
Daniel T. McGregor acquired an estate in and entered into possession of the lands in question under the terms of his father's will. The language of the devise creating his estate is as follows, viz.: " I bequeath to my son, Daniel T McGregor, an undivided one half interest in ninety-three acres of land situate in Pine township, said county, during...
To continue reading
Request your trial