McIntyre v. McIntyre
Supreme Court of Pennsylvania
~ ERROR TO THE COURT OE COMMON PLEAS NO. 2 OK ALLE-GIIBNY COUNTY. No. 109 October Term 1888, Sup. Ct.; court below, No 349 April Term 1887, C. P. No. 2. On June 15, 1887, a case stated in ejectment was filed, wherein Johnston McIntyre and Robert McIntyre, a lunatic, by T. W. McCune, his committee, were plaintiffs, and Mary Anti, Joseph, Sarah, Isabella H. and David R. McIntyre, were defendants.
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~ ERROR TO THE COURT OE COMMON PLEAS NO. 2 OK ALLE-GIIBNY COUNTY. No. 109 October Term 1888, Sup. Ct.; court below, No 349 April Term 1887, C. P. No. 2. On June 15, 1887, a case stated in ejectment was filed, wherein Johnston McIntyre and Robert McIntyre, a lunatic, by T. W. McCune, his committee, were plaintiffs, and Mary Anti, Joseph, Sarah, Isabella H. and David R. McIntyre, were defendants. The facts set forth were as follows: James Boyle died in 1830, seised of a parcel of land in the Tenth ward, Allegheny city, and leaving a last will dated January 4,1830, duly admitted to probate on…
1Opinion of the Court
Opiniow,
Mu. Justice Gbeen:-
The will of James Boyle having been proved prior to the passage of the wills act of 1833, must be interpreted in accordance with the law as it was then established. In the case of Schriver v. Meyer, 19 Pa. 87, construing a will executed in 1831, we held that where the testator preceded his devise by the words, “ As to such worldly estate wherewith it hath pleased God to bless me in this life, I give and dispose of the same in the following manner,” he thereby evinced such an intent to dispose of his entire estate in his lands as to pass a fee simple estate in lands…
2Cases cited4 opinions
- In re Pennock's EstateSupreme Court of Pennsylvania · 1853
- Burt v. HerronSupreme Court of Pennsylvania · 1870
- Kinter v. JenksSupreme Court of Pennsylvania · 1863
- Schriver v. MeyerSupreme Court of Pennsylvania · 1852
3Cited by6 opinions
- Glenn v. StewartSupreme Court of Pennsylvania · 1919
- Boyle v. BoyleSupreme Court of Pennsylvania · 1893
- Evans v. SmithSupreme Court of Pennsylvania · 1895
- Goldsmith v. PetersenSupreme Court of Iowa · 1913
- Godoy v. LinznerCalifornia Court of Appeal · 2024
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