Legal Opinion

Urich's Appeal

Supreme Court of Pennsylvania

Decided March 18, 1878PublishedCited by 6 opinions

Appeal from the Orphans’ Court of Berks county: Of January Term 1877, No. 10. This appeal was taken by Matilda Urich and her husband from the decree of the court dismissing their petition to be made parties to proceedings for the partition of certain real estate, wherein the petitioners claimed dower in the right of the said Matilda Urich.

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Appeal from the Orphans’ Court of Berks county: Of January Term 1877, No. 10. This appeal was taken by Matilda Urich and her husband from the decree of the court dismissing their petition to be made parties to proceedings for the partition of certain real estate, wherein the petitioners claimed dower in the right of the said Matilda Urich. The latter was the widow of John Stoudt, whose father, Jacob Stoudt, died in 1853, leaving a will which contained, among others, the following provisions :— “I give and bequeath unto my son, John Stoudt, and to his heirs, all my large farm where I now live,…

1Opinion of the CourtChief Justice Agnew

*390The will of Jacob Stoudt is brought before us a second time, in the hope of changing our opinion upon it. That opinion, though expressed in a short per curiam, to be found in 2 W. N. C. 650, was maturely formed. Its brevity is not evidence of want of examination, but of the necessity of condensation where there is so much to do. The able arguments of the counsel for the appellants have not changed our deliberate interpretation of the devise to John Stoudt. We agree with all said upon the first expression of this devise, if the testator intended to give him a fee, and used the word heirs in…

2Cases cited2 opinions

  1. Dickinson v. LeeSupreme Court of Pennsylvania · 1835
  2. Pemberton v. ParkeSupreme Court of Pennsylvania · 1813

3Cited by6 opinions

  1. Ontelaunee Orchards, Inc. v. RothermelSuperior Court of Pennsylvania · 1939
  2. Smith v. PiperSupreme Court of Pennsylvania · 1911
  3. Killefer v. BassettMichigan Supreme Court · 1906
  4. Carmany EstateSupreme Court of Pennsylvania · 1947
  5. Meyer v. WeilerSupreme Court of Iowa · 1903

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