Tompkins v. Merriman
Supreme Court of Pennsylvania
Appeal, No. 148, Jan T., 1893, by defendants, Friend F. Merriman et al., from judgment of C. P. Luzerne Co., March T., 1886, No. 102, on verdict for plaintiff, William S. Tompkins. Ejectment for Scovill’s island in the Susquehanna river. The court charged in part as follows, by Rice, P. J.: “ Both parties claim under the same person, namely, James Harvey Tompkins ; be bad the undisputed title to the island on July, I860, when he obtained it by deed from A. J. Griffiths.
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Appeal, No. 148, Jan T., 1893, by defendants, Friend F. Merriman et al., from judgment of C. P. Luzerne Co., March T., 1886, No. 102, on verdict for plaintiff, William S. Tompkins. Ejectment for Scovill’s island in the Susquehanna river. The court charged in part as follows, by Rice, P. J.: “ Both parties claim under the same person, namely, James Harvey Tompkins ; be bad the undisputed title to the island on July, I860, when he obtained it by deed from A. J. Griffiths. This was in July, 1865; and while I shall endeavor not to embarrass you by referring to dates, yet it will he necessary to…
1Opinion of the Court
Opinion by
Mb. Justice Williams,
The doctrine that one who accepts a benefit under a will is *447estopped from asserting a claim repugnant to its provisions is founded on equitable considerations, and has been recognized and applied in this state in many cases, beginning with Stump and Others v. Findlay and Others, 2 Rawle, 168; and extending to Zimmerman v. Lebo, 151 Pa. 345, and Cummings’s Appeal, 153 Pa. 397. The appellant’s counsel contends with great earnestness that this is a proper case for the application of that doctrine; and, if he is right in this position, we quite agree with his…
2Cases cited4 opinions
- Stump v. FindlaySupreme Court of Pennsylvania · 1828
- Zimmerman v. LeboSupreme Court of Pennsylvania · 1892
- Cummings's EstateSupreme Court of Pennsylvania · 1893
- Miller v. SpringerSupreme Court of Pennsylvania · 1872
3Cited by9 opinions
- Hickman's EstateSupreme Court of Pennsylvania · 1932
- Packard v. De MirandaCourt of Appeals of Texas · 1912
- Andreas EstatePennsylvania Orphans' Court, Lehigh County · 1956
- Arney EstatePennsylvania Orphans' Court, Dauphin County · 1973
- Haftman EstatePennsylvania Orphans' Court, Washington County · 1962
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