Wall v. Maguire

Supreme Court of Pennsylvania
Wall v. Maguire, 24 Pa. 248 (Pa. 1855)
Lowrie

Wall v. Maguire

Opinion of the Court

The opinion of the Court was delivered by

Lowrie, J.

It is very plain that the clause “ leave no heirs” must be read, “leave no issue;” for the devisees being all related to each other, neither of them could die without leaving an heir, if he left a survivor.

The sister having died first, her share passed to the nephews, by the very terms of the will, either in tail or in fee, and we need not inquire which; for, if the former, the entailment has been barred.

As to the shares of the nephews, they can be nothing else than estates tail with vested cross-remainders in favor of the survivor; for the law never raises an executory devise out of a substitu-tionary clause that can be construed as giving a remainder, and never out of a simple devise, even on the failure of issue. The decree having proceeded upon these principles is well founded.

Decree affirmed with costs.

Reference

Full Case Name
Wall versus Maguire
Cited By
1 case
Status
Published