Aubrey v. Curtze
Superior Court of Pennsylvania
Appeal, No. 1, April T., 1916, by defendant, from judgment of C. P. Erie Co., Feb. T., 1913, No. 148, for plaintiff on case tried by the court without a jury in suit of Hellena B. E. Aubrey v. H. J. Curtze. Ejectment for land in Mill Creek Township. Before Walling, P. J. The case was tried by the court without a jury.
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Appeal, No. 1, April T., 1916, by defendant, from judgment of C. P. Erie Co., Feb. T., 1913, No. 148, for plaintiff on case tried by the court without a jury in suit of Hellena B. E. Aubrey v. H. J. Curtze. Ejectment for land in Mill Creek Township. Before Walling, P. J. The case was tried by the court without a jury. In addition to the facts stated in the opinion of the Superior Court it appeared that the devises contained in the will of George Rilling were as follows: “Item. I give and bequeath the farm on which I now reside and known as Reserve Tract No. sixty-seven containing about one…
1Opinion of the Court
Opinion by
Williams, J.,
George Rilling, being the owner of a large tract of land in Millcreek Township, Erie County, Pennsylvania, made a will, dated August 6,1866, by which he devised to his daughter, Elizabeth Deckenhur, fifty acres of land from the eastern half of the farm and an additional seven acres from the land remaining on the east side of French Road, to be cut off by á line parallel to the north tract line, at the requisite distance..'
Although Mrs. Deckenhur had been living in a house built by her on this seven acres during her father’s lifetime, it was agreed by the parties at the…
2Cases cited4 opinions
- Estate of TysonSupreme Court of Pennsylvania · 1899
- Fox's AppealSupreme Court of Pennsylvania · 1882
- Myers v. MyersSuperior Court of Pennsylvania · 1901
- Updegraff v. McCormickSupreme Court of Pennsylvania · 1901