Elliott v. Diamond Coal & Coke Co.
Supreme Court of Pennsylvania
Appeal, No. 17, Oct, T., 1911, by defendant, from order of C. P. Washington Co., Nov. T., 1910, No. 78, making absolute rule for judgment for want of a sufficient affidavit of defense in case of Ruth J. Elliott v. Diamond Coal & Coke Company. Assumpsit to recover the price of coal land. Rule for judgment for want of a sufficient affidavit of defense. The facts are stated in the opinion of the Supreme Court.
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Appeal, No. 17, Oct, T., 1911, by defendant, from order of C. P. Washington Co., Nov. T., 1910, No. 78, making absolute rule for judgment for want of a sufficient affidavit of defense in case of Ruth J. Elliott v. Diamond Coal & Coke Company. Assumpsit to recover the price of coal land. Rule for judgment for want of a sufficient affidavit of defense. The facts are stated in the opinion of the Supreme Court. Error assigned was order making absolute rule for judgment for want of a sufficient affidavit of defense. We contend that the provisions of the devise are inconsistent, that the first…
1Opinion of the Court
Opinion by
Mr. Justice Moschzisker,
This appeal involves the construction of item 4 of the will of Thomas Lilley: “I give devise and bequeath to my daughter Ruth J. Elliott .... [a farm] .... to have and to hold unto my said daughter and her children forever. I also devise and bequeath to my daughter .... [another farm] .... to have and to hold unto my said daughter and her children forever. I also give to my daughter three hundred and fifty dollars in money.”
The first phrase, “I give devise and bequeath to my daughter,” standing alone, might be construed as an absolute gift in fee, but with…
2Cases cited3 opinions
- Evans v. KnorrSupreme Court of Pennsylvania · 1833
- Hague v. HagueSupreme Court of Pennsylvania · 1894
- Vaughan's EstateSupreme Court of Pennsylvania · 1911
3Cited by11 opinions
- England EstateSupreme Court of Pennsylvania · 1964
- Chambers v. Union Trust Co.Supreme Court of Pennsylvania · 1912
- McCullough's EstateSupreme Court of Pennsylvania · 1922
- Meily v. MeilySuperior Court of Pennsylvania · 1941
- Hoopes's EstateSupreme Court of Pennsylvania · 1911
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