Small v. Small
Supreme Court of Pennsylvania
Appeal, No. 181, Jan. T., 1913, by defendant, from judgment of C. P. York Co., April T., 1913, No. 132, for plaintiff, on case stated in case of Henry Small, John H. Small, David E. Small and Julia Small Gotwald, v. Jacob F. Small. Case stated to determine title to real estate. Before Ross, J. The opinion of the Supreme Court states the case. The court entered judgment for plaintiffs. Defendant appealed. Error assigned was the judgment of the court.
1Opinion of the Court
Opinion by
Me. Justice Potter,
This is an appeal from a judgment entered in a case stated, to determine title to real estate. The record is deficient in that it does not show the docket entries, nor does the form of the action appear. In the case stated it is set out that David E. Small died on March 25,1883, leaving a will dated June 5,1877, with one codicil dated December 23, 1882, and another codicil dated March 6, 1883. In this will the testator gave to his daughter Julia A. Small, now Gotwald, the sum of $10,000 to be paid to her in whole or in part at the discretion of his executors upon…
2Cases cited3 opinions
- Lewis's AppealSupreme Court of Pennsylvania · 1885
- Eisiminger v. EisimingerSupreme Court of Pennsylvania · 1889
- Rankin's EstateSuperior Court of Pennsylvania · 1909
3Cited by5 opinions
- Livezey's EstateSupreme Court of Pennsylvania · 1914
- Gotwald v. SmallSupreme Court of Pennsylvania · 1913
- Elvidge's EstatePennsylvania Orphans' Court, Philadelphia County · 1938
- Elvidge's EstatePennsylvania Orphans' Court, Philadelphia County · 1938
- Roberts's EstatePennsylvania Orphans' Court, Philadelphia County · 1922