Cote's Appeal
Supreme Court of Pennsylvania
Appeal from the Orphans’ Court of Allegheny county: Of October and November Term 1874, No. 212. On the 10th of June 1871, Marcelin Cote and Mary Cote, his wife, in her right, presented a petition to the Orphans’ Court, setting forth that the said Mary had been the widow of Seth Clarke Tiernan, who died intestate and without issue about the 28th day of October 1852. That at the time of his death he owned, under the will of his father, Michael Tiernan, deceased, subject to the…
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Appeal from the Orphans’ Court of Allegheny county: Of October and November Term 1874, No. 212. On the 10th of June 1871, Marcelin Cote and Mary Cote, his wife, in her right, presented a petition to the Orphans’ Court, setting forth that the said Mary had been the widow of Seth Clarke Tiernan, who died intestate and without issue about the 28th day of October 1852. That at the time of his death he owned, under the will of his father, Michael Tiernan, deceased, subject to the life estate of Elizabeth Tiernan, the widow of the testator, the one undivided fifth part of a messuage and lot of…
1Opinion of the CourtJustice Woodward
The will of Michael Tiernan vested the title to his house and lot in the city of Allegheny in his five children, subject to the life estate devised to his widow, Elizabeth Tiernan. Seth Clarke Tiernan was one of these children, and when he died his interest in remainder in this house and lot was part of his estate, for the descent of which provision had been made by the Act of the 8th of April 1833. It is unnecessary to inquire whether, while the tenant for life survived, he could have maintained an application for partition in his lifetime, or whether his representatives could have done so…
2Cited by3 opinions
- Lynch v. LynchSupreme Court of Pennsylvania · 1890
- Sanders's EstateSuperior Court of Pennsylvania · 1909
- Stiteler v. Younkin, Pennsylvania Court of Common Pleas, Somerset County1950