Hagerty v. Albright
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Bucles county. These cases were actions of assumpsit by Jacob Albright and Judith his wife, Henry Rleim and Catharine his wife, Thomas Greisinger and Susanna his wife, Almeda Beck, Cecilia Beck, Jeremiah Fluck, Judith Fluck, Jacob Fluck and Charles Fluck; the first against John Hagerty, and the other against Philip Helsel and Michael Helsel, in which a case was stated for the opinion of the court on the following facts: — ■ David Stover…
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Error to the Court of Common Pleas of Bucles county. These cases were actions of assumpsit by Jacob Albright and Judith his wife, Henry Rleim and Catharine his wife, Thomas Greisinger and Susanna his wife, Almeda Beck, Cecilia Beck, Jeremiah Fluck, Judith Fluck, Jacob Fluck and Charles Fluck; the first against John Hagerty, and the other against Philip Helsel and Michael Helsel, in which a case was stated for the opinion of the court on the following facts: — ■ David Stover died January 1st 1821, having by his will devised and bequeathed as follows:— “ Item — I give and bequeath unto my true…
1Opinion of the Court
The opinion of the court was delivered, May 15th 1866, by
Woodward, C. J.
If the opinion of the learned judge on the bequest of 450?. to Anna Fretz in her father’s will were more doubtful than it is, there is a circumstance disclosed in the stated case which would dissuade us from placing a different construction upon the will. I allude to the fact, that in 1835, when Abraham and Joseph Stover, sons and residuary devisees of the testator, *279made partition between themselves of the real estate, they charged' half of Anna’s legacy on 153 acres which Joseph took, and the other half on 134 acres…
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