Cochran v. Cochran

Supreme Court of Pennsylvania
Cochran v. Cochran, 127 Pa. 486 (Pa. 1889)
17 A. 981; 1889 Pa. LEXIS 1142
Green, Mitchell, Paxson, Williams

Cochran v. Cochran

Opinion of the Court

Per Curiam:

The fourth item or clause in the will of Thomas Cochran was before us for construction in Titzell v. Cochran, 8 Cent. R. 513, and we then decided that Thomas P. Cochran toot a fee-tail. The whole of the will was not before us in that case; the fourth item only was considered. We have now the entire will, and it is contended that when the fourth item is read in connection with the other portions of said will, it should receive a different construction. A careful consideration of the subject leads us to a different conclusion, and we adhere to the views formerly expressed. The opinion of the learned judge below is so full and accurate that we are spared a further discussion of the case.

Judgment affirmed.

Reference

Full Case Name
R. P. COCHRAN v. T. P. COCHRAN
Cited By
7 cases
Status
Published
Syllabus
1. A devise in the following form: “I give, devise and bequeath to my son T. my farm.....and if he should die leaving no lawful heirs, the whole to descend to his brothers and sisters, share and share alike, or to their legal representatives,” read in connection with other portions of the will, gave an estate-tail to the devisee. 2. Such an estate, devised by a will becoming operative prior to the act of April 27, 1855, P. L. 368, may be barred by deed duly executed, acknowledged and recorded, in accordance with the provisions of the act of January 16, 1799, 3 Sm. L. 338.