Rupp v. Eberly
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Cumberland county: Of May Term 1875, No. 73. This was an action of ejectment for one acre of land in Hampden township, brought to the August Term 1872 of the court below, by Christian Eberly and Mary his wife, in her right, against Jacob Rupp and J. S. Rupp. The defendants were in possession under a lease-from Elizabeth Buttorff.
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Error to the Court of Common Pleas of Cumberland county: Of May Term 1875, No. 73. This was an action of ejectment for one acre of land in Hampden township, brought to the August Term 1872 of the court below, by Christian Eberly and Mary his wife, in her right, against Jacob Rupp and J. S. Rupp. The defendants were in possession under a lease-from Elizabeth Buttorff. She was dead, and they defended under her, claiming that she owned the premises as the heir .of her father, John Rupp. John Rupp died January 13th 1834, having made a will, in which he directs as follows: “ As to such worldly…
1Opinion of the Court
Mi*. Justice Woodward
delivered the opinion of the court, October 18th 1875.
*144John Rupp died in January 1834, leaving one daughter, Elizabeth, wife of Henry Buttorff. By his will, which had been executed in May 1833, he devised his house and ten acres of land to his granddaughter, Mary Buttorff, the only child of his daughter Elizabeth. The concluding clause of the will was in the following words: “ It is my will that in case my said daughter Elizabeth should happen to have more lawful issue, then and in such case * * * the whole of my real estate shall be equally divided to and among all my…
2Cases cited2 opinions
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- French v. M'IlhennySupreme Court of Pennsylvania · 1809
3Cited by8 opinions
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- Reisher's EstateSupreme Court of Pennsylvania · 1918
- Scott v. RoethlisbergerMichigan Supreme Court · 1914
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