Stigers v. Dinsmore
Supreme Court of Pennsylvania
Appeal, No. 173, Oct. T., 1899, by plaintiff, from judgment of C. P. Jefferson Co., Sept. T., 1897, No. 393, non obstante veredicto. Ejectment for the undivided three fourths of 100 acres of land in Bell township. At the trial it appeared that Jacob Stigers made his will,' dated November 5, 1881, and died May 31, 1884, seized of but one tract of land, being the land in dispute.
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Appeal, No. 173, Oct. T., 1899, by plaintiff, from judgment of C. P. Jefferson Co., Sept. T., 1897, No. 393, non obstante veredicto. Ejectment for the undivided three fourths of 100 acres of land in Bell township. At the trial it appeared that Jacob Stigers made his will,' dated November 5, 1881, and died May 31, 1884, seized of but one tract of land, being the land in dispute. He left to survive him four children, William R. Stigers, the plaintiff, Martha M., intermarried with Jacob Blair, Priscilla, intermarried with E. B. Johnson, and Charles W. Stigers, who died in 1891, intestate,…
1Opinion of the Court
Opinion by
Mr. Justice Mitchell,
The testator devised “ the use to my oldest son Charles W. Stigers during his life, and to his heirs to the third generation the same use, then the property to be sold and divided equal among the heirs of Charles W. Stigers, .... the farm,” etc. Notwithstanding the awkwardness of the wording the testator’s intent is perfectly clear to give the farm to Charles and his heirs. No other beneficiary is mentioned, and it is plain that the omission is not accidental, but because the testator’s intent did not contemplate that there should be room for any other. The…
2Cases cited1 opinion
- Armstrong v. MichenerSupreme Court of Pennsylvania · 1894
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