Kearns v. Kearns
Supreme Court of Pennsylvania
Error to the Court of Common Pleas No. 2, of Allegheny county: Of October and November Term, 1884, No. 97. Ejectment, by Jerome Kearns against Mary Jane Kearns and Annie Silcox, for a bouse and lot of ground in Union township, Allegheny county. The defendant Annie Silcox was a niece of the defendant Mary Jane Kearns, and resided with her in the house.
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Error to the Court of Common Pleas No. 2, of Allegheny county: Of October and November Term, 1884, No. 97. Ejectment, by Jerome Kearns against Mary Jane Kearns and Annie Silcox, for a bouse and lot of ground in Union township, Allegheny county. The defendant Annie Silcox was a niece of the defendant Mary Jane Kearns, and resided with her in the house. The parties filed the following ease stated for the opinion of the court: Thomas Kearns died in 1867, leaving a will dated June, 1866, duly probated and of record in the Register’s office in Allegheny county, in which (inter alia) are devises as…
1Opinion of the CourtChief Justice Mercur
This contention arises under the clause in a will, which is in these words : “I'also allow my wife Rebecca to have any part of my dwelling-house which I now reside in, which she may think proper to take and occupy during her natural life, for her use and the use of my two daughters, Mary Jane and Charlotte, so long as they remain single or unmarried.” Rebecca and Charlotte are dead; Mary Jane is living and remains single. The question is whether she has such an interest, since the death of her mother, as to entitle her to the possession of such portion of the house as the mother occupied.
It…
2Cited by3 opinions
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- Estate of BrotzmanPennsylvania Orphans' Court, Northampton County · 1890
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