KENNEDY v. NEDROW
1 U.S. 415

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U.S. Supreme Court

KENNEDY v. NEDROW, 1 U.S. 415 (1789)

1 U.S. 415 (Dall.)

Kennedy
v.
Nedrow, et Ux. et al.

Supreme Court of Pennsylvania

April Term, 1789

This was an action of dower in 250 acres of land in Lancaster county, brought by Anne Kennedy, widow, who was the wife of Richard Johnson, deceased, against Thomas Nedrow, and Anne, his wife, Catherine Wistar, and Rebecca Martin. The Tenant pleaded, first, a special plea, 'That Richard Johnson, the husband, on the 12th of August, 1767, made his will, and thereby devised a moiety of 500 acres of land to his wife, the demandant, in fee; which devise was in lieu of dower:' And, secondly, they pleaded, 'That the demandant had sued out a writ of partition against the tenants for making partition of the said 500 acres of land, and had recovered. &c.' To these pleas the demandant replied, the tenants demurred, the Demandant joined in demurrer, and issues.

On the first plea a case was stated in substance as follows: 'That on the 12th of August, 1767, Richard Johnson made his last will and testament, and therein bequeathed and devised in bac verba; 'Imprimis, I give and bequeath unto my loving wife, Ann Johnson, all that my lot of ground, situate &c. which I bought of John Millar, &c. with the houses, barns, and other appurtenances thereunto belonging: Also, all my household goods, horses, live stock, and other moveables, which I have here in Lancaster, and in Germantown, Philadelphia county, to her, her heirs and assigns forever: Also L1000 lawful money of Pennsylvania, in bonds and bills, to be paid to her, or her heirs and assigns, in six months time after my decease, with interest, by my executor herein after named. I give and bequeath unto my brother John Johnson,

Page 1 U.S. 415, 416

and to each of his three sons, and his daughter, &c. the sum of L5, to be paid three months after my decease, &c. I give and bequeath unto my sister Anne Nedrow, all that my 300 acre tract of land, situate, &c. with the appurtenances, to her, her heirs and assigns forever. I give and bequeath unto my sister Catharine Wistar, all that my 300 acre tract of land, situate, &c. to her, her heirs and assigns forever. I give and bequeath unto my loving (wife) Anne Johnson, the one moioty or undivided half of all that my 500 acre tract of land, situate, &c. to her, her heirs and assigns forever: Provided always that if my said wife Anne Johnson after my decease, should be married to another man, that then she shall have the said moiety during her life, with sufficient power to give and bequeath the same at her decease, to whomsoever the will, excepting to her second husband, or any from or under him. I give and bequeath the other moiety, or undivided half part of my said 500 acre tract of land unto my three sisters, Ann, Catharine, and Rebecca, each one third part, to them, their heirs, and assigns forever. My will is that there be no water works built or erected on any part of the said 500 acre tract of land for the space of , &c. I give and bequeath my tract of land lying, &c. unto my sister Ann, and to her heirs and assigns forever; under and subject to the yearly rent of 40s &c. to be paid to my loving wife, Ann Johnson, and to her heirs and assigns forever. I give and bequeath unto my sister Catharine, my twenty and odd acres of land, lying, &c. and the appurtenances; also, twelve acres of wood land to be cut off a large tract adjoining, &c. to be holden by her, her heirs and assigns forever; under and subject to the yearly rent of L6, to be paid to my loving wife Ann Johnson, her heirs and assigns forever, and also subject to as much firewood as my wife shall have occasion for, when she comes to live at Germantown. I give, devise, and bequeath to my sister Rebecca, and her son Paul, all that my tract of land (the remainder after the said 12 acres are taken off) containing 50 acres, more or less, adjoining, &c. to be holden to them, their heirs and assigns forever; under and subject to the yearly rent of L4 to be paid to my loving wife, Ann Johnson, her heirs and assigns forever; the said tract not to be sold till Paul arrives at 30 years of age. I give and bequeath unto my sister Ann, all that my tract of 12 acres opposite the last mentioned 50 acres, &c. to her heirs and assigns forever. I give and bequeath L50 to the poor house keepers of Germantown, &c. I give and bequeath L50 to the use of the Pennsylvania Hospital. As concerning all the rest and residue of my effects, bills, bonds, mortgages, monies, and estate whatsoever, not herein before given, I would have divided equally between my loving wife Ann, and my sisters, Ann, Catharine, and Rebecca, part and share alike to each of them, their heirs and assigns forever. And I do appoint and nominate my loving wife, Ann Johnson, &c. to be executors of this my last will and testament.' [1 U.S. 415, 417]


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