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2 Walk. 420

Sprankle v. Commonwealth

Supreme Court of Pennsylvania

Decided May 9, 1884

Supreme Court of Pennsylvania · decided 1884-05-09

No. 70, Jan. Term, 1884. This was a case stated brought by the Commonwealth of' Penna. against the executors of Michael Sprankle, deceased, and against Peter Sprankle.

Decided 1884-05-09

¶1*426The Supreme Court affirmed the judgment of the Common Pleas on the 9th May, 1884 in the following opinion :

Per Curiam.

¶2■ We think the Court correctly found that Peter Sprankle tooli a fee in the lands devised to him. Such is the clear import of, the devise in the first clause of- the will. The subsequent par- . ticular intent to limit his power to devise, cannot be held to-defeat the fee previously granted. When the two ax-e in appai’ent conflict, the lesser must give way to the general intent giviiig; a greater estate in clear terms.

¶3Judgment affirmed.

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