Broe v. Boyle
Supreme Court of Pennsylvania
Error to the Court of Common Pleas, No. 2, of Allegheny county: Of October and November Term, 1884, No. 212. Case stated, filed October 14th, 1884, wherein William M. Broe was plaintiff, and Mary Boyle, defendant, setting forth the following facts : By articles of agreement dated September 3d, 1884, the defendant, a single woman, covenanted to convey in fee simple to the plaintiff, a certain lot of ground in Allegheny City, in consideration of $250. On the 10th of the same…
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Error to the Court of Common Pleas, No. 2, of Allegheny county: Of October and November Term, 1884, No. 212. Case stated, filed October 14th, 1884, wherein William M. Broe was plaintiff, and Mary Boyle, defendant, setting forth the following facts : By articles of agreement dated September 3d, 1884, the defendant, a single woman, covenanted to convey in fee simple to the plaintiff, a certain lot of ground in Allegheny City, in consideration of $250. On the 10th of the same month she tendered the plaintiff a deed for said premises duly executed by her, and demanded payment of the purchase…
1Opinion of the CourtChief Justice Mercur
The correctness of this judgment depends on the effect to be given to section 7 of the Act of 22d April, 1856: Pur. Dig. 407, pi. 12. It declares: “The probate by the Register of the proper county of any will devising real estate shall be conclusive as to such realty, unless within five years from the-date of such probate those interested to controvert it shall by-caveat and action at law duly pursued, contest the validity of such will as to such realty'.”
The will of Jane Boyle, devising the land in question, was duly probated by the Register of Wills of the proper county' on the first day'…
2Cases cited2 opinions
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