Page:United States Reports, Volume 1.djvu/426

 

SUPREME COURT of Pennʃylvania:

April Term, 1789.

HIS was an action of dower in 250 acres of land in Lancaʃter county, brought by Anne Kennedy, widow, who was the wife of Richard Johnʃon, deceafed, againft Thomas Nedrow, and Anne, his wife, Catharine Wiʃtar, and Rebecca Martin. The Tenant pleaded, 1ft, a fpecial plea, “ That Richard Johnʃon, the huf-

“ band, on the 12th of Auguʃt, 1767, made his will, and thereby

“ devifed a moiety of 500 acres of land to his wife, the demandant,

“ in fee ; which devife was in lieu of dower:” And, 2dly, they

“pleaded, “ That the demandant had fued out a writ of partition

“ againft the tenants for making partition of the faid 500 acres of

“ land, and had recovered, &c.” To thefe pleas the demandant replied, the tenants demurred, the Demandant joined in demurrer, and iffues.

On the firʃt plea a cafe was ftated in fubftance as follows:– “ That on the 12th of Auguʃt, 1767, Richard Johnʃon made his laft will and teftament, and therein bequeathed and devifed in hac verba; 

“ Imprimis, I give and bequeath unto my loving wife, Ann Johnʃon,

"all that my lot of ground, fituate &c. which I brought of John

“ Millar,&c. with the houfes, barns, and other appurtenances

“ thereunto belonging :Alʃo, all my houfehold goods, horfes, live

“ftock, and other moveables, which I have here in Lancaʃter, and

“ in Germantown, Philadelphia county, to her, her heirs and affigns

“ forever: Alʃo Ł1000 lawful money of Pennʃylvania,  in bonds and

“ bills, to be paid to her, or her, or her heirs and affigns, in fix months

“ time after my deceafe, with intereft, by my executor herein-

“ after named. I give and bequeath unto my brother John Johnʃon, “ and