147 Pa. 118
Decided January 4, 1892
Supreme Court of Pennsylvania · decided 1892-01-04
Appeal No. 317, Oct. T., 1891, by defendant, from judgment of C. P. No. 2, Allegheny Co., Jan. T., 1891, No. 5, for plaintiff on case stated.
Good law ✅— No negative treatment on recordhow we know
Decided 1892-01-04
Cited by 4 later decisions — most recently April 1947
3 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
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¶1We are of the opinion that John Rea, the plaintiff, took an estate in fee-simple to the real estate in controversy, under the will of his father, Henry Rea, Sr. The devise is to John Rea, “his heirs and assigns, forever.” The fee thus given is not cut down by what immediately follows. The greatest effect that can be given to the subsequent language of the will, is that it is in restraint of alienation, and, under all the authorities, void.
¶2Judgment affirmed. C.