Briggs v. Caldwell
Supreme Court of Pennsylvania
Appeal No. 270, Jan. T., 1911, by plaintiff from judgment of C, P, Blair Co.? Jqne T,? 1909, No. 184, for defendant on case stated in suit of James Alexander Briggs, a minor by Jane Keating as his next friend, v. Carl O. Caldwell, Matilda Clark and Alfred Clark, her husband, and John D. Caldwell. Case stated in ejectment.
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Appeal No. 270, Jan. T., 1911, by plaintiff from judgment of C, P, Blair Co.? Jqne T,? 1909, No. 184, for defendant on case stated in suit of James Alexander Briggs, a minor by Jane Keating as his next friend, v. Carl O. Caldwell, Matilda Clark and Alfred Clark, her husband, and John D. Caldwell. Case stated in ejectment. Baldridge, P. J., stated the facts to be as follows: An action of ejectment was brought by the plaintiff against the defendant to recover the one-fifth interest in a tract of land in Blair and Frankstown townships, Blair county, containing 92.97 acres. The plaintiff, a…
1Opinion of the Court
Opinion by
Mr. Justice Elkin,
This is an action of ejectment for an undivided one-fifth interest in a tract of land in Blair County. The title depends upon the construction to be given the will of David Caldwell, deceased. The controversy arises under the residuary clause by which the testator gave a one-fifth interest in the residue of his estate to the trustee of his daughter Frances, for her use, and the land in controversy passed under this devise. He then appointed a trustee for this daughter, “with full power to sell and receive moneys, retain and pay to her her portion of my estate in…
2Cases cited1 opinion
- Allen v. HirlingerSupreme Court of Pennsylvania · 1907
3Cited by4 opinions
- Rumsey's EstateSupreme Court of Pennsylvania · 1926
- Fassitt v. SeipSupreme Court of Pennsylvania · 1913
- Degenkolv v. DaubeSuperior Court of Pennsylvania · 1940
- Carnell's EstatePennsylvania Orphans' Court, Philadelphia County · 1940