McFarland's Appeal
Supreme Court of Pennsylvania
This was an appeal from the decree of the Orphans’ Court of Allegheny county, dismissing the petition of Mrs. Catharine McFarland, widow of Joseph McFarland, deceased, praying for an order directing the executors of the decedent to sell certain real estate.
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This was an appeal from the decree of the Orphans’ Court of Allegheny county, dismissing the petition of Mrs. Catharine McFarland, widow of Joseph McFarland, deceased, praying for an order directing the executors of the decedent to sell certain real estate. The petition set forth: That the testator was the owner of about 65 acres of land, in Peebles township, of said county, and on the 7th of November 1853, sold, by articles of agreement, to Thomas Woods, about 60 acres of it, for $30,000, the principal not to be paid for several years, but to bear semi-annual interest, and the title to be…
1Opinion of the Court
The opinion of the court was delivered, by
Thompson, J.
— The testator died leaving a widow but no lineal heirs. To his widow he devised all his estate during life, “ with entire, absolute, unconditional, and unrestricted control, management, and supervision, to receive all the proceeds, rents, issues, and profits of the same, and dispose of them in any manner she may deem proper and right. It being hereby my intention and desire that she shall, during and for her natural life, occupy and be in my position, place, and stead.” He then proceeded to make an entire disposition of his estate, after…
2Cited by3 opinions
- Waddell's EstateSupreme Court of Pennsylvania · 1900
- Watson v. SmithSupreme Court of Pennsylvania · 1904
- Barrett's EstateSuperior Court of Pennsylvania · 1903