Brinton v. Martin
Brinton v. Martin
Opinion of the Court
This is an action of ejectment to recover possession of 110 acres of land in North Strabane township, Washington county, which the administrators of the estate of Thomas McGahey, Jr., sold under an order of the orphans’ court of said county in payment of the decedent’s debts. The parties claiming a right of possession and a fee simple title to the land are the children of Thomas McGahey, Jr., who died on February 8, 1899, and the parties denying the validity of their claim are the administrators of the estate and the purchaser at the orphans’ court sale.
The learned judge of the court below, upon a careful consideration of the provisions of the will, arrived at a conclusion opposed to the contention of the plaintiffs, and in accord with the contention of the defendant in the suit. In a clear and satisfactory opinion including references to and quotations from decisions of this court, it is adequately shown by the learned judge that the purchaser at the orphans’ court sale acquired and now has a title to the land in dispute. We therefore dismiss the assignments of error and affirm the judgment on the opinion above referred to.
Judgment affirmed.
Reference
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- Syllabus
- Will—Rule in Shelley's Case—Devise. Where the intention of the testator is that the second taker shall take not from him, but from the first taker, then the words “ children,” “ issue,” etc., as well as “ heirs ” become a word of limitation, and the rule in Shelley’s Case is applicable. A devise to a son “ to be held, by him, for his own use during his life, at his death, the same to descend to his children, or in default of children, to his legal heirs, ” creates in the son an estate in fee simple.