Campbell v. Carson
Supreme Court of Pennsylvania
IN ERROR. On the trial of this ejectment in the Common Pleas of West-moreland county, much evidence was given on both sides, and several points were made by counsel, upon which the court delivered their opinion to the jury; but to understand the only question decided by this court, it will be sufficient to state, that George M‘Dowell held by right of settlement the land in controversy, on which he commenced an improvement in the year 1768. In consequence of the revolutionary…
Read the full summary
IN ERROR. On the trial of this ejectment in the Common Pleas of West-moreland county, much evidence was given on both sides, and several points were made by counsel, upon which the court delivered their opinion to the jury; but to understand the only question decided by this court, it will be sufficient to state, that George M‘Dowell held by right of settlement the land in controversy, on which he commenced an improvement in the year 1768. In consequence of the revolutionary war, he left it, and went into Cumberland county, where, on the 6th of July, 1780, he made a will, upon the…
1Opinion of the Court
The opinion of the court was delivered by
Dustcan, J.
The will of George MiDowell gives rise to this controversy. The question raised by it is, Whether the testator devised to his wife Frances, his lands in Westmoreland county, in fee, or she only took a life estate? The devise is,'as follows: *e As touching such worldly estate wherewith it hath pleased God to bless me in this life, I give and dispose of the same in the following manner and form: First, I give and bequeath to Frances M‘Dowell, my dearly beloved wife, whom I likewise make my sole executrix of this, my last will and testament,…
2Cases cited2 opinions
- Lessee of Burkart v. BucherSupreme Court of Pennsylvania · 1810
- Hoge v. HogeSupreme Court of Pennsylvania · 1814
3Cited by1 opinion
- Dewitt v. EldredSupreme Court of Pennsylvania · 1842