Craven v. Bleakney
Supreme Court of Pennsylvania
ERROR to a special court of common pleas of Indiana county. Mary Bleakney against Janies Graven. Ejectment. Furgus Bleakney, the husband of the plaintiff, died seised of the land in dispute, having first made his last will and testament, by which he devised the land as follows: “ In the name of God, ameU,'&c.
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ERROR to a special court of common pleas of Indiana county. Mary Bleakney against Janies Graven. Ejectment. Furgus Bleakney, the husband of the plaintiff, died seised of the land in dispute, having first made his last will and testament, by which he devised the land as follows: “ In the name of God, ameU,'&c. I, Furgus Bleakney, considering the uncertainty of this mortal life, and being of sound and perfect mind and memory, blessed be Almighty God for the same, do make and publish this my last will and testament, in the manner and form following, that is to say: The farm that I now live on…
1Opinion of the Court
The opinion of the Court was delivered by
Rogers, J.
As the maintenance of the widow and daughter is “charged upon” and “payable out of” the estate devised, the remedy is in the orphans’ court, and not by ejectment, as is ruled in Donner v. Donner, decided at this term and not yet reported. Bear v. Whisler, 7 Watts 144, arises on a deed and not on a will, and in that respect is distinguishable from this. This is a case peculiarly fitted for equitable cognizance. The testator directs “ that his widow shall have a good and comfortable living, as long as she remains his widow, of (from) the farm.”…
2Cases cited2 opinions
- Wusthoff v. DracourtSupreme Court of Pennsylvania · 1834
- Bear v. WhislerSupreme Court of Pennsylvania · 1838
3Cited by14 opinions
- Holliday v. WardSupreme Court of Pennsylvania · 1852
- Dwelley v. DwelleyMassachusetts Supreme Judicial Court · 1887
- Estate of Stephen ClarkSuperior Court of Pennsylvania · 1930
- Weller's EstateSupreme Court of Pennsylvania · 1915
- Pierce v. LivingstonSupreme Court of Pennsylvania · 1876
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