Keating v. McAdoo
Supreme Court of Pennsylvania
Appeal, No. 196, Oct. T., 1896, by plaintiffs, from judgment of C. P. No. 1, Allegheny Co., June Term, 1892, No. 568, on verdict for defendant. Ejectment for a lot of ground in the city of Pittsburg. Before Collier, J. At the trial it appeared that the land in question formerly belonged to John Keating, and after his death had, in partition proceedings, been awarded to his daughter Rebecca. . The defendant claimed as successor in title to Rebecca.
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Appeal, No. 196, Oct. T., 1896, by plaintiffs, from judgment of C. P. No. 1, Allegheny Co., June Term, 1892, No. 568, on verdict for defendant. Ejectment for a lot of ground in the city of Pittsburg. Before Collier, J. At the trial it appeared that the land in question formerly belonged to John Keating, and after his death had, in partition proceedings, been awarded to his daughter Rebecca. . The defendant claimed as successor in title to Rebecca. The plaintiffs were the heirs at law of Rebecca. Both Rebecca and her husband were dead at the time suit was brought. The will of John Keating was…
1Opinion of the Court
Opinion by
Mr. Justice Mitchell,
The will of John Keating, Sr., begins, so far as concerns this controversy, by a devise of the premises in suit to his daughter in fee, to her “ and to her heirs and assigns forever.” Is this clearly cut down to a lesser estate in any subsequent clause ? The words which are claimed to have that effect are “if any of my said children shall die without leaving lawful children, the part devised to such child shall go to and be equally divided among my other children, who shall then survive the child so dying without lawful children, and if any of my children die…
2Cited by7 opinions
- Freeman's EstateSupreme Court of Pennsylvania · 1924
- Baldwin EstateSupreme Court of Pennsylvania · 1954
- Lewis v. BryceSupreme Court of Pennsylvania · 1898
- Murray v. LowrieSupreme Court of Pennsylvania · 1904
- Bagley's EstatePennsylvania Orphans' Court, Bedford County · 1943
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