Legal Opinion

Clark v. Trinity Church

Supreme Court of Pennsylvania

Decided March 15, 1843PublishedCited by 8 opinions

THIS was a writ of error to the District Court for the city and county of Philadelphia, in which an action of ejectment was brought by the defendants in error against the plaintiff in error, for a house and lot in the city of Philadelphia.

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THIS was a writ of error to the District Court for the city and county of Philadelphia, in which an action of ejectment was brought by the defendants in error against the plaintiff in error, for a house and lot in the city of Philadelphia. The question arose on the following clause of the will of John Schillinck, dated the 22d of August 1826: “Item.—I do give and devise to John Monsell, his heirs and assigns, all that house and lot of ground, Ac., with the .appurtenances, to hold to him, the said John Monsell, his heirs and assigns, to and for his and their proper use and behoof for ever.…

1Opinion of the Court

The opinion of the Court was delivered by

Kennedy, J.

The first error assigned is an exception taken to the admission of an entry of the baptism of John Monsell, the devisee named in the will of John Schillinck, in which entry the date of his birth is mentioned; the entry was in a book, proven *269by the clerk' of St. Joseph’s Church, to have been kept in that church as a registry of baptisms and births, and proven also by the same witness, that the entry was in the handwriting of the 'Rev. Mr Harold, pastor of the church in 1811, the year in which the entry appears to be dated. It is evident that…

2Cited by8 opinions

  1. District of Columbia's AppealSupreme Court of Pennsylvania · 1941
  2. Sitler v. GehrSupreme Court of Pennsylvania · 1884
  3. Gutterson v. MorseSupreme Court of New Hampshire · 1877
  4. Commonwealth v. CrowleySuperior Court of Pennsylvania · 1904
  5. Emerson v. WhiteSuperior Court of New Hampshire · 1854

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