Breinig v. Smith

Citations

• 267 Pa. 207
• 110 A. 285
• 1920 Pa. LEXIS 837

Syllabus

<p>Bes adjudicata — Decision of court of subordinate jurisdiction— Stare decisis — Suit to secure advisory judgment.</p> <p>1. Where a decision of the Superior Court has already been obtained upon a definite point, involving the construction of a will, and no manifest error appears therein, the Supreme Court does not feel called upon to, and will not, discuss at length a second amicable action, although between other parties, amicably brought to get the Supreme Court’s opinion on the same matter, particularly where the appeal raises no new question nor any issue which is of importance to others than the parties immediately concerned.</p> <p>Will — Devise—Estate in fee simple — Estate tail — Act of April 27,1855, P. L. 868 — Devise not subject to debts of devisee — Spendthrift trust — Provision repugnant to fee — Buie in Shelley’s Case.</p> <p>2. Testator devised to his son his real estate “to have and to hold the same......for and during the period of his natural life, the said life estate not to be subject to any debts, engagements or liabilities which he may contract in future or may have contracted in the past. Upon the decease of my said son the principal...... gshall vest absolutely in the heirs of the body of my said son share and share alike for ever. And in case of the death of any one or more of said heirs of the body of my son, prior to said son’s death, such one share or shares shall vest in their respective issue or heirs of their respective bodies.” Held, (a) that the son took an estate tail, which, under the Act of April 27, 1855, P. L. 368, was converted into an estate in fee simple; (b) that the provision directing that the estate should not be subject to the son’s debts, was repugnant to the fee, and had no controlling importance.</p> <p>3. Where superadded words of limitation combined with those of distributive modification engrafted upon terms of inheritance, indicate no intent to change the course of descent from the general scheme fixed by the i