McClintock v. Dana
Supreme Court of Pennsylvania
Ebbob to the Court of Common Pleas of Luzerne county: Of January Term, 1884, No. 381. This was a case stated in the nature of a special verdict, in which Charles E. Dana and Emily Hollenback, his wife, to her use, were plaintiffs, and Andrew T. McClintock and Edward P. Darling, executors of the last will and testament of Sarah H. Woodbury, deceased, were defendants.
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Ebbob to the Court of Common Pleas of Luzerne county: Of January Term, 1884, No. 381. This was a case stated in the nature of a special verdict, in which Charles E. Dana and Emily Hollenback, his wife, to her use, were plaintiffs, and Andrew T. McClintock and Edward P. Darling, executors of the last will and testament of Sarah H. Woodbury, deceased, were defendants. The case as stated was substantially as follows: Emily H. Dana, the plaintiff, was the only child of Sarah H. Woodbury, the defendants’ testatrix, who died on March 24,1871, leaving a last will dated June 14, 1869, duly admitted…
1Opinion of the CourtJustice Clark
The testatrix, Sarah IT. Woodbury, af the time of the making of her will, and at her death, was the owner of one undivided fifth part of the coal, in and under a certain tract of land, in the township of Kington, County of Luzerne, containing one hundred and sixty-eight acres and forty perches; she had no interest in the surface; that was hold in fee by Emily L. Wright, one third; Augusta McCliutock, one third; and the heirs and devisees of Ellen E. Rutter deceased, one third. There was, therefore, in the condition of the title, a severance of the surface from the underlying strata of coal;…
2Cited by4 opinions
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- Mercer v. BuchananU.S. Circuit Court for the District of Western Pennsylvania · 1904
- In Re Estate of WernetOhio Court of Appeals · 1938
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