Dean v. Winton
Supreme Court of Pennsylvania
Appeal, No. 174, Jan. T., 1892, by defendants from judgment of C. P. Lackawanna Co., Jan. T., 1889, No. 801, on verdict for plaintiffs, in ejectment, for one-fourth interest in land described in writ and mesne profits.
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Appeal, No. 174, Jan. T., 1892, by defendants from judgment of C. P. Lackawanna Co., Jan. T., 1889, No. 801, on verdict for plaintiffs, in ejectment, for one-fourth interest in land described in writ and mesne profits. Suit was brought Dec. 24, 1888, by A. D. Dean et al., children of Polly S. Dean, a child of Henry Heermans, claiming as devisees of a one-quarter interest in the land, under the will of Henry Heermans, against Catherine Winton et ah, grantees of Henry C. Heermans, who claimed as devisee of the land under said will. The evidence, on the trial before Archbald, P. J., was to the…
1Opinion of the Court
Opinion by
Mb,. Justice Heydrick,
It is not to be doubted that when Henry Heermans had devised the mansion house and two and one half acres of land to his wife for life, the remainder would have passed, by the general devise of the residue of his estate contained in the third paragraph of the will if there had been no other provision indicative of a different intention. But the intent of a testator is to be gathered from his entire will rather than from the terms of a particular devise, which regarded alone might be inconsistent with his testamentary scheme as a whole. Thus in Rodgers v.…
2Cases cited5 opinions
- Womrath v. McCormickSupreme Court of Pennsylvania · 1866
- Hart v. Homiller'sSupreme Court of Pennsylvania · 1854
- Rodgers v. RodgersSupreme Court of Pennsylvania · 1838
- Hart v. HomillerSupreme Court of Pennsylvania · 1853
- Lantz v. TruslerSupreme Court of Pennsylvania · 1860
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