Wolford v. Morgenthal
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of York county: Of May Term 1879, No. 116. Ejectment by Edward Morgenthal and others, against Amos Wolford and others, to recover a tract of fifty-two acres of land in York county. Thomas E. Cochran, Esq., was chosen referee by the parties, under the provisions of the Act of April 9th 1868, Pamph. L. 782. The report of the referee is so able, learned' and exhaustive that it is herewith incorporated in this report in extenso.
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Error to the Court of Common Pleas of York county: Of May Term 1879, No. 116. Ejectment by Edward Morgenthal and others, against Amos Wolford and others, to recover a tract of fifty-two acres of land in York county. Thomas E. Cochran, Esq., was chosen referee by the parties, under the provisions of the Act of April 9th 1868, Pamph. L. 782. The report of the referee is so able, learned' and exhaustive that it is herewith incorporated in this report in extenso. “ The plaintiff offered in evidence an instrument of writing, under seal, executed by Frederick Morgenthal, on the 30th of April 1828.…
1Opinion of the CourtJustice Mercur
The important question to determine is, what estate did Margaret Morgenthal take by virtue of the deed of 29th May 1828't In consideration of $1500 paid by Frederick Morgenthal, it con.veyed the land in controversy to trustees named, “in trust for the use and benefit of Margaret Morgenthal and her heirs for ever, that is, the children, if any, begotten by Frederick Morgenthal; and her daughter, Elizabeth Wire, is to be made equal, to be for them and their heirs for ever, after the decease of Frederick Morgenthal, her present husband.” The habendum was “for the use and benefit of the said…
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- Johnson v. Provident Trust Co.Supreme Court of Pennsylvania · 1924
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