O'Malley v. Loftus
Supreme Court of Pennsylvania
Appeal, No. 241, Jan. T., 1907, by-plaintiffs, from judgment of C. P. Lackawanna Co., Sept. T., 1906, No. 1,389, for defendant on case stated in suit of P. J. O’Malley and Genevieve M. O’Malley v. John J. Loftus. Case stated to determine marketable title to real estate. The facts are stated in the opinion of the Supreme Court. The court entered judgment for defendant on the case stated. Error assigned was in entering judgment for defendant on the case stated.
1Opinion of the Court
Per Curiam,
The decisive question in this case is whether Frank McCann took a fee to lot No. 20 on Lackawanna avenue, under the following. clause of his father’s will: “ Eighth. I give and bequeath to my son — Frank, on his reaching the age' of twenty-one years, a lot of land being number twenty on Lackawanna avenue in the Eighth ward said city of Scranton together with all improvements thereon, also a lot of land on Jefferson avenue said city being number nineteen (19) Block, 73 in the ninth ward, with all improvements thereon, to have and to hold the same for and during his natural life, and…
2Cases cited1 opinion
- McCann v. McCannSupreme Court of Pennsylvania · 1901
3Cited by2 opinions
- Walker EstateSupreme Court of Pennsylvania · 1954
- McCaul's EstatePennsylvania Orphans' Court, Philadelphia County · 1928