Miller v. Springer
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Fayette county: Of October and November Term 1871, No. 214. This was an action of ejectment for about 29 acres of land, brought March 22d 1866, by John Bruner against Jonathan D. Springer, Henry H. Beeson, and Jacob B. Miller. Jacob B. Miller disclaimed and his name was stricken from the record as a defendant. Henry H. Beeson having died, Jacob Beeson and others, his heirs at law were substituted.
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Error to the Court of Common Pleas of Fayette county: Of October and November Term 1871, No. 214. This was an action of ejectment for about 29 acres of land, brought March 22d 1866, by John Bruner against Jonathan D. Springer, Henry H. Beeson, and Jacob B. Miller. Jacob B. Miller disclaimed and his name was stricken from the record as a defendant. Henry H. Beeson having died, Jacob Beeson and others, his heirs at law were substituted. On the trial, September 14th 1871, before Gilmore, P. J., Jacob B. Miller having shown that Bruner’s title was in him, he was substituted as plaintiff, as…
1Opinion of the Court
The opinion of the court was delivered, January 9th 1872, by
Siiarswood, J.
The unqualified affirmance, by the learned judge below, of the defendant’s first and second point was undoubtedly error. The will of Rachel Skiles, on its face, raised no case of election. It did not assume to devise the property in question as her own, although her title to it, if she had any, certainly did pass by general words. It is well settled, and accords with the reason and principle of the thing, that if the language of the will admit of being restricted to property belonging to or disposable by the testator,…
2Cited by6 opinions
- McDonald v. ShawSupreme Court of Arkansas · 1909
- Tompkins v. MerrimanSupreme Court of Pennsylvania · 1893
- Ragsdale v. RobinsonIndiana Supreme Court · 1942
- Patterson EstatePennsylvania Orphans' Court, Philadelphia County · 1948
- Shapley v. Light, Pennsylvania Court of Common Pleas, Cumberland County1936
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