Legal Opinion

Graham v. Abbott

Supreme Court of Pennsylvania

Decided January 4, 1904No. Appeal, No. 186PublishedCited by 7 opinions

Appeal, No. 186, Oct. T., 1903, by defendant, from decree of C. P. No. 3, Allegheny Co., August T., 1903, No. 340, on bill in equity, in case of Samuel C. Graham v. William L. Abbott. Bill in equity for specific performance. The case was heard on bill and answer.

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Appeal, No. 186, Oct. T., 1903, by defendant, from decree of C. P. No. 3, Allegheny Co., August T., 1903, No. 340, on bill in equity, in case of Samuel C. Graham v. William L. Abbott. Bill in equity for specific performance. The case was heard on bill and answer. Before Evans, J. The trial judge stated the facts to be as follows: The plaintiff alleges a contract with the defendant, for the sale by plaintiff to defendant, of certain real estate situate on Penn avenue, in the city of Pittsburg, with a certain cash payment and the balance secured by bond and mortgage, and prays for specific…

1Opinion of the Court

Opinion by

Mr. Justice Dean,

There are no disputed facts in this case. The' question raised by the issue, is, what is the proper construction of the last will of James Graham, deceased ?

The particular clause of the will, the interpretation of which is disputed, is in these words:

“Should my son Samuel C. Graham die without issue, then the said real estate, being the undivided one half interest in said lots and four warehouses, shall revert to my lawful heirs then living, their heirs and assigns, subject to the payment of said twenty thousand dollars, to my executors in trust for my son James…

2Cases cited3 opinions

  1. Eichelberger v. BarnitzSupreme Court of Pennsylvania · 1840
  2. Wistar v. ScottSupreme Court of Pennsylvania · 1884
  3. Earp's Will, Pennsylvania Court of Common Pleas, Philadelphia County1850

3Cited by7 opinions

  1. Rosengarten EstateSupreme Court of Pennsylvania · 1944
  2. Arnold v. Muhlenberg CollegeSupreme Court of Pennsylvania · 1910
  3. Suttner EstateSupreme Court of Pennsylvania · 1943
  4. Hastings v. EngleSupreme Court of Pennsylvania · 1907
  5. Christy's EstateSuperior Court of Pennsylvania · 1913

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