Hood v. Pennsylvania Society to Protect Children from Cruelty
Supreme Court of Pennsylvania
Appeal, No. 391, Jan: T., 1907, by plaintiffs, from decree of O. P. No. 4, Phila. Co., Dec. T., 1905, No. 2,715, dismissing bill in equity in case of Bessie D. Iiood and DeWitt Clinton Derringer v. Pennsylvania Society to Protect Children from Cruelty. Bill in equity to remove cloud on title.
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Appeal, No. 391, Jan: T., 1907, by plaintiffs, from decree of O. P. No. 4, Phila. Co., Dec. T., 1905, No. 2,715, dismissing bill in equity in case of Bessie D. Iiood and DeWitt Clinton Derringer v. Pennsylvania Society to Protect Children from Cruelty. Bill in equity to remove cloud on title. Before Willson, P. J. The bill alleged that under the will of William Patterson, deceased, his daughter, Mary Jane Patterson, took only a life estate in the real estate in question, and that the interest, of Mary A. Smith, the daughter of the said Mary Jane Patterson, in the premises was in the nature of…
1Opinion of the Court
Per Curiam,
It is quite true, as urged by the appellants, that when a judicial decision is rendered the law is not presumed to be changed by it, but to have been the same before as after, although previous decisions may have been to a different effect. This is the general rule, but it is not to be applied-in all cases without discrimination. On the subject of interpretation of wills it meets the cardinal and controlling principle that the intention of the testator must prevail. It is undeniable that this principle had in certain classes of cases been so overlaid and hedged in by arbitrary…
2Cases cited1 opinion
- Mulliken v. EarnshawSupreme Court of Pennsylvania · 1904
3Cited by17 opinions
- Moorehead's EstateSupreme Court of Pennsylvania · 1927
- Howlett EstateSupreme Court of Pennsylvania · 1951
- Laabs v. Tax CommissionWisconsin Supreme Court · 1935
- Lyman EstateSupreme Court of Pennsylvania · 1950
- English's EstateSupreme Court of Pennsylvania · 1921
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