Hiester v. Green
Supreme Court of Pennsylvania
Error to the Common Pleas of Lancaster county. This was an amicable action in debt between Cynthia E. Green and Isaac E. Hiester, in which the following case was stated for the opinion of the court:— The will of Evan Green, who died in 1854, was proved October 7th 1854, and contains, inter alia, the following:— “ Item 2. I will and bequeath to my beloved wife, Cynthia E. Green, the free and uncontrollable use of the dwelling-house and lot of ground in which we now reside, on…
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Error to the Common Pleas of Lancaster county. This was an amicable action in debt between Cynthia E. Green and Isaac E. Hiester, in which the following case was stated for the opinion of the court:— The will of Evan Green, who died in 1854, was proved October 7th 1854, and contains, inter alia, the following:— “ Item 2. I will and bequeath to my beloved wife, Cynthia E. Green, the free and uncontrollable use of the dwelling-house and lot of ground in which we now reside, on Pront street, Columbia, with the avails and rents accruing therefrom, for and during the time she remains my widow, or…
1Opinion of the Court
The opinion of the court was delivered, by
Woodward, C. J.
— Neas’s Appeal, 7 Casey 293, ruled this cause in the court below, and we are asked to reverse the judgment on the ground that the decree in that case, was contrary to the settled law of Pennsylvania, a demand which ought to have been supported by a better exhibition of authorities than the paper-books contain.
Though I dissented from the ruling in Neas’s Appeal, I would cheerfully have dismissed my doubts and followed it on the present occasion, had my brethren been agreed in recognising it as law; but as they stand equally divided on…
2Cases cited4 opinions
- Bear v. WhislerSupreme Court of Pennsylvania · 1838
- Stewartson v. WattsSupreme Court of Pennsylvania · 1839
- Irvine v. CampbellSupreme Court of Pennsylvania · 1813
- Episcopal Academy v. FriezeSupreme Court of Pennsylvania · 1833
3Cited by11 opinions
- Lessee of Stouffer v. ColemanSupreme Court of Pennsylvania · 1794
- Kosters v. HooverCourt of Appeals for the D.C. Circuit · 1938
- Rohn v. OdenwelderSupreme Court of Pennsylvania · 1894
- Consolidated Arizona Smelting Co. v. HinchmanCourt of Appeals for the First Circuit · 1914
- Estate of WashburnSupreme Court of Pennsylvania · 1898
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