Legal Opinion

Witmer v. Delone

Supreme Court of Pennsylvania

Decided June 22, 1909No. Appeal, No. 163PublishedCited by 7 opinions

Appeal, No. 163, Jan. T., 1909, by defendant, from judgment of C. P. York Co., Oct. T., 1907, No. 36, for plaintiff on case stated in suit of Barbara F. Witmer and Mary Grove, Administrators d. b. n. of the estate of Sarah J. Hostetter, deceased, v. Charles J. Delone. Case stated to determine title to real estate. Before BitTENGER, P. J. The facts appear by the opinion of the Supreme Court. Error assigned was in entering judgment for plaintiff on case stated.

1Opinion of the Court

Opinion by

Mr. Justice Stewart,

The appeal is from a judgment entered on a case stated in which one of the questions submitted was, whether under the will of Mary C. Hostetter, her sister, Sarah J. Hostetter, acquired a fee simple estate in certain land sold by the latter’s legal representative to the defendant in the suit. The devise is as follows: “All the rest, residue and remainder of my estate, real, personal and mixed, of whatsoever kind and wheresoever situated at the time of my decease, I give, devise and bequeath unto my sister, Sarah J. Hostetter, to use and dispose of as she may…

2Cases cited3 opinions

  1. Kennedy v. Pittsburg & Lake Erie RailroadSupreme Court of Pennsylvania · 1907
  2. Evans v. SmithSupreme Court of Pennsylvania · 1895
  3. Gilchrist v. EmpfieldSupreme Court of Pennsylvania · 1900

3Cited by7 opinions

  1. Fidelity Trust Co. v. BobloskiSupreme Court of Pennsylvania · 1910
  2. Caslow v. StrausbaughSupreme Court of Pennsylvania · 1911
  3. Cecil v. SmithSuperior Court of Pennsylvania · 1910
  4. Hoxie v. ChamberlainSupreme Court of Pennsylvania · 1910
  5. Bowman v. Boucher, Pennsylvania Court of Common Pleas, Berks County1979

2 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API