Stark's Estate
Supreme Court of Pennsylvania
Appeal, No. 175, Jan. T., 1919, by Boyd M. Squier, from decree of O. C. Wyoming Co., Partition Docket, No. 1, page 283, dismissing petition for partition in Estate of Perry Stark. Petition of Boyd M. Squier, son of Harriet Stark Squier, deceased, for partition.
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Appeal, No. 175, Jan. T., 1919, by Boyd M. Squier, from decree of O. C. Wyoming Co., Partition Docket, No. 1, page 283, dismissing petition for partition in Estate of Perry Stark. Petition of Boyd M. Squier, son of Harriet Stark Squier, deceased, for partition. Tbe case turned upon tbe construction of tbe will of Perry Stark, tbe material portion of wbicb was as follows: “Second: — I will, give, devise and bequeath to my wife, Alvira E. Stark, tbe absolute control of all my property, whatsoever, together with tbe profits, income and advantages thereof, subject only, however, to furnish…
1Opinion of the Court
Pee Cubiam,
The devise of Perry Stark to his daughter, Georgianna, was absolute, for she survived his wife. His provision that if she should die “leaving no issue of her body living at her death,” then over to certain named persons, was not a limitation or curtailment of the devise, but simply alternative or substitutionary and to take effect only on the death of the daughter in his lifetime: Mickley’s App., 92 Pa. 514; Morrison v. Truby, 145 Pa. 540; McAlpin’s Est., 211 Pa. 26. The fee in the farm of the testator undoubtedly vested in the daughter, and the petition for its partition by one…
2Cases cited3 opinions
- Mickley's AppealSupreme Court of Pennsylvania · 1880
- Morrison v. Truby, Pennsylvania Court of Common Pleas, Armstrong County1891
- McAlpin's EstateSupreme Court of Pennsylvania · 1905