Evans v. Smith
Supreme Court of Pennsylvania
Appeal, No. 132, Jan. T., 1895, by defendants, from judgment of C. P. Schuylkill Co., May T., 1891, No. 417, on verdict for plaintiff. Ejectment for an undivided one fourth interest in five lots and houses on North Second street in the borough of Potts-ville. Before Bechtel, J. At the trial it appeared that William Evans died in 1877, seized of the land in controversy.
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Appeal, No. 132, Jan. T., 1895, by defendants, from judgment of C. P. Schuylkill Co., May T., 1891, No. 417, on verdict for plaintiff. Ejectment for an undivided one fourth interest in five lots and houses on North Second street in the borough of Potts-ville. Before Bechtel, J. At the trial it appeared that William Evans died in 1877, seized of the land in controversy. By his will he directed as follows: “ I do direct that my body be decently interred, and that my funeral be conducted in a manner eorrisponding with my estate and situation in life, and that after my berrial my hereinafter…
1Opinion of the Court
Opinion by
Mb. Justice Gbeen,
We think it quite clear that every clause of this will which is supposed to limit or restrain the effect of the devise in fee simple to the wife of the testator, has been considered and adjudged in the numerous decisions we have heretofore made. In Jauretche v. Proctor, 48 Pa. 466, which is the leading case, the words of the third and fourth articles of the will, were much more restrictive than anjr of the words in the will we are considering. The words of the third article in that case were an *630absolute prohibition against any disposition of the estate by the…
2Cases cited7 opinions
- Good v. Fichthorn, Pennsylvania Court of Common Pleas, Lancaster County1891
- Jauretche v. ProctorSupreme Court of Pennsylvania · 1865
- Hopkins v. GluntSupreme Court of Pennsylvania · 1886
- Bowlby v. ThunderSupreme Court of Pennsylvania · 1884
- Second Reformed Presbyterian Church v. DisbrowSupreme Court of Pennsylvania · 1866
2 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Byrne's EstateSupreme Court of Pennsylvania · 1935
- Allen v. HirlingerSupreme Court of Pennsylvania · 1907
- Chesnut v. ChesnutSupreme Court of Pennsylvania · 1930
- Robinson's EstateSupreme Court of Pennsylvania · 1925
- Witmer v. DeloneSupreme Court of Pennsylvania · 1909
2 more not listed; retrieve them via the Exa API.