Legal Opinion

Dickerman v. Eddinger

Supreme Court of Pennsylvania

Decided May 20, 1895No. Appeal, No. 268PublishedCited by 4 opinions

Appeal, No. 268, Jan. T., 1895, by Margaret Rockell, from order of C. P. Northampton Co., August Term, 1893, No. 3, distributing proceeds of sheriff’s sale. Exceptions to report of H. J. Steele, Esq., appointed to distribute proceeds of sheriff’s sale of real estate. The property sold was levied upon as the property of John Eddinger. Margaret Rockell claimed $125 as an unpaid install ment of an annuity alleged to have been charged on the land by her father, Samuel Eddinger.

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Appeal, No. 268, Jan. T., 1895, by Margaret Rockell, from order of C. P. Northampton Co., August Term, 1893, No. 3, distributing proceeds of sheriff’s sale. Exceptions to report of H. J. Steele, Esq., appointed to distribute proceeds of sheriff’s sale of real estate. The property sold was levied upon as the property of John Eddinger. Margaret Rockell claimed $125 as an unpaid install ment of an annuity alleged to have been charged on the land by her father, Samuel Eddinger. The will of Samuel Eddinger was as follows : “In the name of God I Samuel Eddinger, of Moore Township, County of…

1Opinion of the Court

Opinion by

Mr. Justice Fell,

The will of Samuel Eddinger was before this court in 1875 on an appeal in an action of ejectment. The contention then was that the will was void for the reason that it was contradictory and unintelligible, or that if susceptible of interpretation the testator’s daughter took a life estate in the realty with remainder to his son. It was then held that the intention of the testator could be ascertained: that the real estate was devised to the son, and was not subject to a life estate in the daughter: See Rockell v. Eddinger, 81* Pa. 525. The question now raised,…

2Cases cited3 opinions

  1. Ripple v. RippleSupreme Court of Pennsylvania · 1829
  2. Witman v. NortonSupreme Court of Pennsylvania · 1814
  3. Gilbert's AppealSupreme Court of Pennsylvania · 1877

3Cited by4 opinions

  1. Shaffer's EstateSupreme Court of Pennsylvania · 1918
  2. Crawford v. WithrowSupreme Court of Pennsylvania · 1934
  3. Estate of SharpSuperior Court of Pennsylvania · 1898
  4. In re Estate of MitchellSupreme Court of Pennsylvania · 1897

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