MacConnell v. Wright
Supreme Court of Pennsylvania
Appeal, No. 296, Oct. T., 1891, by plaintiff, from judgment of C. P. No. 2, Allegheny Co., Oct. T., 1891, No. 191, for defendant on ease-stated, to determine whether a devise was of a fee or a separate use trust.
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Appeal, No. 296, Oct. T., 1891, by plaintiff, from judgment of C. P. No. 2, Allegheny Co., Oct. T., 1891, No. 191, for defendant on ease-stated, to determine whether a devise was of a fee or a separate use trust. The case-stated agreed upon the following facts: Eveline Gross of Pittsburgh, Pa., died testate Aug. 15, 1888. At the time of her death she owned a personal estate appraised at $86,807.62, and a tract of unimproved land in fee, in the twentieth ward, consisting of twenty-six pieces, as a whole, including streets and alleys, aggregating forty-two acres. The city and county taxes on…
1Opinion of the Court
Opinion by
Mb. Chief Justice Paxson,
The contention in this case arises upon the following clause of the will of Eveline Gross, deceased:
“ I hereby bequeath and devise to my said adopted daughter, Mathilda Gross MacConnell, all the rest and residue of my estate, real, personal and mixed, absolutely and in fee simple, and including therein any and all legacies which may lapse by reason of the decease of any beneficiary or otherwise. And it is my will that said Mathilda Gross MacConnell shall take and hold the property hereby given to her, free from the control of her present or future husband,…
2Cases cited6 opinions
- Postlethwaite's AppealSupreme Court of Pennsylvania · 1871
- Barnhart v. RiddleSupreme Court of Pennsylvania · 1857
- MacConnell v. LindsaySupreme Court of Pennsylvania · 1890
- Aldridge & Co. v. EshlemanSupreme Court of Pennsylvania · 1864
- Rank v. RankSupreme Court of Pennsylvania · 1888
1 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Samson's EstateSuperior Court of Pennsylvania · 1903
- Hays v. LeonardSupreme Court of Pennsylvania · 1893
- Lewis v. BryceSupreme Court of Pennsylvania · 1898
- Murray v. LowrieSupreme Court of Pennsylvania · 1904
- Gilbert's EstateSupreme Court of Pennsylvania · 1911
1 more not listed; retrieve them via the Exa API.