Legal Opinion

Parkhurst v. Harrower

Pennsylvania Court of Common Pleas, Tioga County

Decided May 18, 1891No. 101PublishedCited by 5 opinions

No. 101 January Term 1891, Sup. Ct.; court below, No. 85 April Term 1889, C. P. On February 21, 1889, Benjamin H. Parkhurst as plaintiff, and James B. Harrower, as defendant, filed a case stated in which it was agreed as follows : That Joel Parkhurst, seised in fee of a certain parcel of land adjacent to Elkland borough, died on December 6, 1884, leaving a will, duly admitted to probate, containing the provisions quoted at length in the opinion of the court, infra; that the…

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No. 101 January Term 1891, Sup. Ct.; court below, No. 85 April Term 1889, C. P. On February 21, 1889, Benjamin H. Parkhurst as plaintiff, and James B. Harrower, as defendant, filed a case stated in which it was agreed as follows : That Joel Parkhurst, seised in fee of a certain parcel of land adjacent to Elkland borough, died on December 6, 1884, leaving a will, duly admitted to probate, containing the provisions quoted at length in the opinion of the court, infra; that the said deceased left to survive him a widow, Martha Parkhurst, two daughters, Anna S. Parkhurst, then intermarried with C.…

1Per curiam

The single question here is, whether the plaintiff has, by virtue of the devise to him by his father, Joel Parkhurst, an estate in fee-simple, in the real estate in question, which he can assure to the defendant by deed of special warranty. That portion of the will of Joel Parkhurst, under which this contention arises, is as follows:

“ I also give and devise to the said Benjamin H. Parkhurst .....the Timothy Coates farm, to have and to hold the said last three lots of land above described, with the appurtenances, to the said Benjamin H. Parkhurst during the period of his natural life,…

2Cases cited5 opinions

  1. Taylor v. TaylorSupreme Court of Pennsylvania · 1870
  2. Hackney v. TracySupreme Court of Pennsylvania · 1890
  3. Shalters v. LaddSupreme Court of Pennsylvania · 1891
  4. Middleswarth's Adm'r. v. BlackmoreSupreme Court of Pennsylvania · 1874
  5. Reinoehl v. ShirkSupreme Court of Pennsylvania · 1888

3Cited by5 opinions

  1. Brisbin v. HuntingtonSupreme Court of Iowa · 1905
  2. Beckley v. RiegertSupreme Court of Pennsylvania · 1905
  3. Larew v. LarewSupreme Court of Virginia · 1926
  4. Etheridge v. Eagles-House Realty Co.Supreme Court of North Carolina · 1920
  5. Coble's EstatePennsylvania Orphans' Court, Franklin County · 1947

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