Saxton v. Mitchell
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Cumberland county: Of May Term 1875, No. 10. This was an amicable action and case stated, in which Thompson Mitchell, presiding elder of the Methodist Episcopal Church for the Carlisle District of Pennsylvania, was plaintiff, and John 0. Saxton and Mary Ellen, his wife, in her right, and James M. Ralston and Margaret J., his wife, in her right, representing themselves and the other heirs at law and legatees of John Dunlap, late of…
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Error to the Court of Common Pleas of Cumberland county: Of May Term 1875, No. 10. This was an amicable action and case stated, in which Thompson Mitchell, presiding elder of the Methodist Episcopal Church for the Carlisle District of Pennsylvania, was plaintiff, and John 0. Saxton and Mary Ellen, his wife, in her right, and James M. Ralston and Margaret J., his wife, in her right, representing themselves and the other heirs at law and legatees of John Dunlap, late of Harrisburg, deceased, were defendants. The case showed the following facts:— John Dunlap, of Harrisburg, by his will, dated…
1Opinion of the CourtJustice Mercur
The intention of the testator has always been deemed the first great leading rule in the construction of a will. That intention, drawn from the whole will, must govern its construction, except where the law rules the intention otherwise.
In this case the testator devised to his wife, during her life, the income of all his real estate, situated in the borough of Harrisburg, and in Upper Allen township, Cumberland county. He directed his executors to sell, after the death of his wife, all of his real estate, “ except such portions .of it as are specifically devised and reserved hereafter, and…
2Cited by10 opinions
- Williamson's EstateSupreme Court of Pennsylvania · 1930
- Clements v. Sannuti Et Ux.Supreme Court of Pennsylvania · 1946
- Coffin v. Old Orchard Development Corp.Supreme Court of Pennsylvania · 1962
- Lerner v. PoulosSupreme Court of Pennsylvania · 1963
- Riggs v. New CastleSupreme Court of Pennsylvania · 1911
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