Calhoun v. Jester
Cases that cite this one
10 later published cases cite this decision.
- Davis Estate (Montgomery County Orphans' Court 1960)
- Baldesberger v. Baldesberger (Pa. 1954)
- Szybist v. Hipple (In re Hipple) (United States Bankruptcy Court, M.D. Pennsylvania 2009)
- Kabonick Estate (Northumberland County Orphans' Court 1966)
- Trattner Estate (Pa. 1958)
- Horne Estate (Bucks County Orphans' Court 1956)
- Fry v. Stetson (Pa. 1952)
- Geary's Estate (Clinton County Orphans' Court 1946)
- Sinnott's Estate (Pa. Super. Ct. 1913)
- Shipley's Estate (Pa. Super. Ct. 1911)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
The opinion of this court was delivered by
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, or into the possession of the executors for their use, at the testator’s death. There was no remainder, therefore, vested or contingent. As the land, then, was given, not to John with a limitation over to his children, but to them immediately^ the devise was not subject to open and let in children after-born; and none took who were not children at the testator’s death.
Judgment affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.