Frasier v. Scranton Gas & Water Co.
Supreme Court of Pennsylvania
Appeal, No. 308, Jan. T., 1914, by defendant, from judgment of C. P. Lackawanna Co., June T., 1913, No. 352, on verdict for plaintiff, in case of Tracy O. Frasier v. Scranton Gas & Water Company. Ejectment to recover lands in Lackawanna County. Before Newcomb, J. The opinion of the Supreme Court states the facts. The defendant filed an answer to which plaintiff demurred. The court sustained the demurrer and entered judgment for plaintiff. Defendant appealed.
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Appeal, No. 308, Jan. T., 1914, by defendant, from judgment of C. P. Lackawanna Co., June T., 1913, No. 352, on verdict for plaintiff, in case of Tracy O. Frasier v. Scranton Gas & Water Company. Ejectment to recover lands in Lackawanna County. Before Newcomb, J. The opinion of the Supreme Court states the facts. The defendant filed an answer to which plaintiff demurred. The court sustained the demurrer and entered judgment for plaintiff. Defendant appealed. Error assigned was the judgment of the court.
1Opinion of the Court
Opinion bt
Mr. Justice Stewart,
The testator by his will gave to his wife, Rosetta Frasier, the use and occupancy of the land which is the subject of this controversy, during the term of her natural life, and then provided as follows:
“After her death then I bequeath the residue of my estate both real and personal to my son, Frank W. Frasier, for his own use and benefit forever, but in case my said son should die before the death of my wife, then it is my will that my estate should go to his heirs share and share alike.”
The testator died in 1901. The son, Frank W., died within a year therafter,…
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