Kennedy v. Pittsburg & Lake Erie Railroad
Supreme Court of Pennsylvania
Appeal, No. 12, Oct. T., 1907, by-defendant, from judgment of O. P. No. 1, Allegheny Co., Dec. T., 1906, No. 286, for plaintiff on case stated in suit of Eliza Ann Kennedy v. Pittsburg & Lake Erie Railroad Com.pany. Case stated to determine the title to real estate. Brown, J., filed an opinion in which he held that plaintiff had a right to make a conveyance of real estate under the provision of the will quoted in the opinion of the Supreme Court.
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Appeal, No. 12, Oct. T., 1907, by-defendant, from judgment of O. P. No. 1, Allegheny Co., Dec. T., 1906, No. 286, for plaintiff on case stated in suit of Eliza Ann Kennedy v. Pittsburg & Lake Erie Railroad Com.pany. Case stated to determine the title to real estate. Brown, J., filed an opinion in which he held that plaintiff had a right to make a conveyance of real estate under the provision of the will quoted in the opinion of the Supreme Court. He accordingly entered judgment for plaintiff for $2,000. Error assigned was the judgment of the court.
1Opinion of the Court
Per Curiam,
The testator gave to his widow, the plaintiff, “ all my [his] estate both real and personal .... during her natural life with privilege to use part of the principal if she should need it ... . and at the decease of my wife I will and direct my *576executor to sell .... all my real and personal estate not used by my wife in her lifetime, and divide the proceeds,” etc. This language does not admit of the least doubt of what the testator in fact meant, and his actual intent is his legal intent. He gave the power to use the principal in words in themselves and in their context equally…
2Cases cited4 opinions
- Fox's AppealSupreme Court of Pennsylvania · 1882
- Follweiler's AppealSupreme Court of Pennsylvania · 1883
- Cox v. SimsSupreme Court of Pennsylvania · 1889
- Taylor v. BellSupreme Court of Pennsylvania · 1893
3Cited by30 opinions
- Allen v. HirlingerSupreme Court of Pennsylvania · 1907
- Atlantic National Bank v. St. Louis Union Trust Co.Supreme Court of Missouri · 1948
- Cutler v. CommissionerUnited States Tax Court · 1945
- Braley v. SpraginsSupreme Court of Alabama · 1930
- Rumsey's EstateSupreme Court of Pennsylvania · 1926
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