McCann v. McCann
Supreme Court of Pennsylvania
Appeal, No. 68, Jan. T., 1900, by defendant, from judgment of C. P. Lackawanna Co., March T., 1900, No. 256, for plaintiff, on case stated, in suit of Michael P. McCann y. Martha S. McCann. Case stated to determine title to real estate. Before Purdy, P. J., of the 22d judicial district, specially presiding. The question in controversy arose under a devise of land by Patrick McCann to his son Michael McCann.
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Appeal, No. 68, Jan. T., 1900, by defendant, from judgment of C. P. Lackawanna Co., March T., 1900, No. 256, for plaintiff, on case stated, in suit of Michael P. McCann y. Martha S. McCann. Case stated to determine title to real estate. Before Purdy, P. J., of the 22d judicial district, specially presiding. The question in controversy arose under a devise of land by Patrick McCann to his son Michael McCann. The material portions of the will of Patrick McCann were as follows: “ 8. I give and bequeath to my beloved wife, Margaret, the income of all my real and personal estate- that I shall die…
1Opinion of the Court
Opinion by
Mb,. Chieb Justice McCollum,
The question presented by the case stated is whether the plaintiff has a title in fee simple to the land to be conveyed by him in the article of agreement, or only a life estate therein under the devise by the will of his father, Patrick McCann, late of the city of Scranton, deceased. If he has a fee simple, the judgment entered by the court below must be sustained, but if he has a life estate only it must be reversed.
The item in the will under which the plaintiff claims title reads as follows: “ 7. I give and bequeath to my son, Michael, on his reaching…
2Cases cited8 opinions
- Beilstein v. BeilsteinSupreme Court of Pennsylvania · 1899
- Dodson v. BallSupreme Court of Pennsylvania · 1869
- Yarnall's AppealSupreme Court of Pennsylvania · 1872
- Trust Estate for KuntzlemanPennsylvania Orphans' Court, Philadelphia County · 1890
- O'Rourke v. SherwinSupreme Court of Pennsylvania · 1893
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3Cited by3 opinions
- Lee v. SansonSupreme Court of Pennsylvania · 1914
- Kaup v. WeathersIllinois Supreme Court · 1922
- O'Malley v. LoftusSupreme Court of Pennsylvania · 1908