Clingan v. Mitcheltree
Supreme Court of Pennsylvania
Error to the Common Pleas of Mercer county. This was an action of ejectment by Ann Jane Clingan against Jane Mitcheltree and others, to recover the one undivided eighth part of a tract of land in Mercer county. It was conceded that Dr. John Mitcheltree died seised of the premises, and both parties claimed under him. The plaintiff claimed as his sister and one of his heirs at law.
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Error to the Common Pleas of Mercer county. This was an action of ejectment by Ann Jane Clingan against Jane Mitcheltree and others, to recover the one undivided eighth part of a tract of land in Mercer county. It was conceded that Dr. John Mitcheltree died seised of the premises, and both parties claimed under him. The plaintiff claimed as his sister and one of his heirs at law. The defendant rested upon the following will:— “ Mrs. S. Heart: I, John Mitcheltree, do hereby will all I have to my beloved wife, Jane, for her to have and hold for ever. January 9th, 1839. “ John Mitcheltree. Test.…
1Opinion of the Court
The opinion of the court was delivered, by
Knox, J.
This was an action of ejectment. The plaintiff claims as heir at law, and the defendants under the will of Dr. John Mitcheltree. The allegations of the plaintiff, are—
1st. That the will does not contain words sufficient to pass the testator’s real estate.
*322d. That the will was revoked by the testator in his lifetime.
The writing which the defendants claim as a will is in the following wrords :—
“I,John Miteheltree, do hereby will all I have to my beloved wife, Jane, for her to have and to hold for ever. January 9, 1839.
“John Mitcheltrbe.
“ Test.…
2Cases cited3 opinions
- Lewis v. LewisSupreme Court of Pennsylvania · 1841
- Cavett's AppealSupreme Court of Pennsylvania · 1844
- Dunlop v. DunlopSupreme Court of Pennsylvania · 1840
3Cited by9 opinions
- Seiter's EstateSupreme Court of Pennsylvania · 1919
- Hildebrand WillSupreme Court of Pennsylvania · 1950
- In Re Estate of HopkinsSupreme Court of Pennsylvania · 1990
- McCaffrey WillSupreme Court of Pennsylvania · 1973
- Harding's EstatePennsylvania Orphans' Court, Philadelphia County · 1922
4 more not listed; retrieve them via the Exa API.