5 Whart. 477 | Pa. | 1840
The opinion of the Court was delivered by
The words of the proviso no more exclude the half blood from the succession to an ancestral estate, than they exclude it from the succession to a purchased one; and indeed any exclusion .of a brother or sister, would be so unnatural and impolitic, that we ought not to suppose it to have been intended, by any thing less than express enactment or irresistible implication. What is there to raise an implication here? The proviso follows close upon a section in w’hich provision is made for the half blood in broad and .general terms; and had it been intended to restrain it to purchased estates, it would have been easy, and more in the ordinary course of expression, to say so explicitly. In default of issue,
The judgment below is reversed; and judgment here in favour of the defendants below, for the tract of one hundred and ten acres, the
Judgment accordingly.