Legal Opinion

Nichols v. Nichols

Pennsylvania Court of Common Pleas, Lackawanna County

Decided March 24, 1890No. 27PublishedCited by 8 opinions

No. 27 July Term 1889, Sup. Ct.; court below, No. 54 January Term 1887, C. P. On November 80, 1886, James Nichols brought ejectment against Asa A. Nicbols and others, for the undivided one fifth of 98 acres in South Abington township. The defendants filed a disclaimer as to certain portions of the land alleged to have been aliened by a former holder of the title, and pleaded not guilty as to the residue.

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No. 27 July Term 1889, Sup. Ct.; court below, No. 54 January Term 1887, C. P. On November 80, 1886, James Nichols brought ejectment against Asa A. Nicbols and others, for the undivided one fifth of 98 acres in South Abington township. The defendants filed a disclaimer as to certain portions of the land alleged to have been aliened by a former holder of the title, and pleaded not guilty as to the residue. They afterwards tendered to the plaintiff a judgment for the undivided one fifteenth.* At the trial, on November 30, 1888, the following facts were shown: William Clark died in 1845, seised…

1Opinion of the Court

Opinion,

Mr. Justice Green :

It is entirely undisputed that under the will of her father, William Clark, Mrs. Sarah Nichols took an undivided one third interest in the 98 acre tract which is in controversy in this case. There was other real estate, and there was personal estate, in fact, all of the testator’s personal estate, given, along with the 98 acre tract, to Mrs. Nichols, to her brother, George W. Clark, and her sister, Esther Griffin, in equal shares. These three were therefore tenants in common of all the property devised and bequeathed to them by the residuary clause of the will. The…

2Cases cited1 opinion

  1. Strawbridge v. CartledgeSupreme Court of Pennsylvania · 1844

3Cited by8 opinions

  1. Piper v. QueeneySupreme Court of Pennsylvania · 1924
  2. Real Estate Co. of Pgh. v. RudolphSupreme Court of Pennsylvania · 1930
  3. Baeder's EstateSupreme Court of Pennsylvania · 1909
  4. McPherran's EstateSupreme Court of Pennsylvania · 1905
  5. Jeanes v. HizerSupreme Court of Pennsylvania · 1898

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