Stark v. Molleson

Decided July 15, 1839

Supreme Court of Pennsylvania · decided 1839-07-15

This was an action of ejectment by Reuben Molleson against Nathaniel Stark and others, which involved the construction of the will of Reuben Molleson, Sen., the material part of which was as follows: “ I give and bequeath unto John Molleson, my beloved son, the use of all the remainder of my lands which have not been bequeathed before. He, the said John, is to maintain George Molleson and Rhoda Molleson until each arrives to the age of fifteen years.

Decided 1839-07-15

Pur Curiam.

¶1The rule is as old as Matthew Manning’s case, that a devise of the whole property vests immediately; and that a particular interest given out of it, operates.by way of exception. The .testator surely never contemplated that issue, left by either devisee before the age of twenty-one, should be disinherited; and the estate must have vested to preclude thé possibility of it. It is plain, however, that the interest given for the support of the family, was a particular one; and that the rule operated on it.

¶2Judgment affirmed.