Smith v. Piper
Supreme Court of Pennsylvania
Appeal, No. 196, Oct. T., 1910, by defendant, from judgment of C. P. Armstrong Co., Dec. T., 1910, No. 2, for plaintiffs on case stated in suit of Laura Smith and Clara Smith v. W. H. H. Piper. Case stated to determine the marketable title to real estate. Before Patton, P. J., without a jury.
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Appeal, No. 196, Oct. T., 1910, by defendant, from judgment of C. P. Armstrong Co., Dec. T., 1910, No. 2, for plaintiffs on case stated in suit of Laura Smith and Clara Smith v. W. H. H. Piper. Case stated to determine the marketable title to real estate. Before Patton, P. J., without a jury. From the case stated it appeared that the plaintiffs claimed title in fee simple under the will of J. R. Smith, deceased, and that they contracted to sell such an interest in the land to the defendant. The material portions of the will are set forth in the opinion of the Supreme Court. The court entered…
1Opinion of the Court
Opinion by'
Mr. Justice Potter,
This case was argued early in the present term. An opinion upon the questions presented was prepared and handed down by the present writer. But in construing the clauses of the will involved, through inadvertence, the effect of the Act of Assembly of July 9, 1897, P. L. 213, was not considered. The purpose of that act, as set forth in the title, is to declare the construction of words in a deed, will or other instrument, importing a failure of issue. As counsel had not cited the statute, nor referred to it in their briefs of argument, the case was, at the…
2Cases cited8 opinions
- Sheets' EstateSupreme Court of Pennsylvania · 1866
- Shower's EstateSupreme Court of Pennsylvania · 1905
- Urich v. MerkelSupreme Court of Pennsylvania · 1876
- Urich's AppealSupreme Court of Pennsylvania · 1878
- Vaughan v. DickesSupreme Court of Pennsylvania · 1853
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3Cited by24 opinions
- Chesnut v. ChesnutSupreme Court of Pennsylvania · 1930
- Rees v. . WilliamsSupreme Court of North Carolina · 1914
- In Re Estate of CliftonSupreme Court of Iowa · 1928
- Wettengel's EstateSupreme Court of Pennsylvania · 1924
- Deeter's EstateSupreme Court of Pennsylvania · 1924
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