Horton v. McCall
Supreme Court of Pennsylvania
Appeal, No. 204, Oct. T., 1911, by plaintiff, from judgment of C. P. Indiana Co., June T., 1910, No. 79, on verdict for defendant in case of Frank H. Horton v. W. H. McCall. Ejectment for lands in Banks township. Before Tel-ford, P. J. The facts are stated in the opinion of the Supreme Court. Error assigned among others was (1) in directing verdict for the defendant.
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Appeal, No. 204, Oct. T., 1911, by plaintiff, from judgment of C. P. Indiana Co., June T., 1910, No. 79, on verdict for defendant in case of Frank H. Horton v. W. H. McCall. Ejectment for lands in Banks township. Before Tel-ford, P. J. The facts are stated in the opinion of the Supreme Court. Error assigned among others was (1) in directing verdict for the defendant. The word “then” and the phrase “falls to Frank Horton,” are restrictive indications, showing that the testator had in mind a fixed time when William should have no child or issue, namely, at the death of William, and not at some…
1Opinion of the Court
Opinion by
Mr. Justice Potter,
From the record in this case it appears that plaintiff claims an estate in fee in the land in question, under the will of his grandfather, John McCullough. The latter died February 7, 1883, leaving to survive him his wife, a son William, and a daughter Alice Horton. In his will, after giving to his wife the use and control of the farm during her natural life, he continued, “and at the death of my wife, Cordelia McCullough, the farm is to be and remain the property of my son, William, and his heirs, by complying with this will. That is, my son William shall pay to…
2Cases cited3 opinions
- Smith v. PiperSupreme Court of Pennsylvania · 1911
- Armstrong v. MichenerSupreme Court of Pennsylvania · 1894
- Stouch v. ZeiglerSupreme Court of Pennsylvania · 1900
3Cited by3 opinions
- Nickerson v. HooverIndiana Court of Appeals · 1917
- Crawford v. WithrowSupreme Court of Pennsylvania · 1934
- UNITED STATES v. 0.20 Acre of Land in New Alexandria Borough, Westmoreland CountyDistrict Court, W.D. Pennsylvania · 1947