Legal Opinion

Fosselman v. Elder

Supreme Court of Pennsylvania

Decided June 13, 1881PublishedCited by 24 opinions

May 24th 1881. Before Mercur, Gordon, Paxson, Trunkey, Sterrett and Green, JJ. Sharswood, O. J., absent. Error to the Court of Common Pleas of Mifflm county: Of May Term 1881, No. 154. This was an issue amicably framed between Isabella Fosselman, plaintiff, and G. "W. Elder, executor of Elizabeth Fosselman, defendant, to determine the ownership of a certain promissory note dated October 2d 18.79, made by T. F. McCoy, president of the board of trustees of the Presbyterian…

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May 24th 1881. Before Mercur, Gordon, Paxson, Trunkey, Sterrett and Green, JJ. Sharswood, O. J., absent. Error to the Court of Common Pleas of Mifflm county: Of May Term 1881, No. 154. This was an issue amicably framed between Isabella Fosselman, plaintiff, and G. "W. Elder, executor of Elizabeth Fosselman, defendant, to determine the ownership of a certain promissory note dated October 2d 18.79, made by T. F. McCoy, president of the board of trustees of the Presbyterian Church of Lewistown, to Elizabeth Fosselman. There was no dispute as to the facts of the case, which are fully set out in…

1Opinion of the CourtJustice Sterrett

The facts upon which the question of law in this case arose were either admitted or established by the verdict.

In the second item of her will, dated July 18th 1878, the defendant’s testatrix made the following provision for the plaintiff, viz.: “ I do will, devise and bequeath to Isabella Fosselman (who has lived with me many years), the house and lot wherein I now live, together with all the furniture and personal property that may be therein at the time of my decease ; by furniture and personal property I mean everything I may have at my decease, except notes and bonds, and evidences of…

2Cited by24 opinions

  1. Estate of KnoxSupreme Court of Pennsylvania · 1890
  2. Adams v. MarisTexas Commission of Appeals · 1919
  3. Alexander v. . JohnstonSupreme Court of North Carolina · 1916
  4. Covington EstateSupreme Court of Pennsylvania · 1943
  5. Tozer v. JacksonSupreme Court of Pennsylvania · 1894

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