Redding v. Rice
Supreme Court of Pennsylvania
Appeal No. 419, Jan. T., 1895, by defendant, from judgment of C. P. Blair Co., June T., 1893, Nos. 175 and 176, on verdict for plaintiffs. Ejectment for one sixth interest in a lot of ground on Mary street in Altoona. Before Barker, P. J., of the 47th district,, specially presiding. At the trial it appeared that Thomas Rice, of Altoona, died in 1866, leaving to survive him a widow and six children.
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Appeal No. 419, Jan. T., 1895, by defendant, from judgment of C. P. Blair Co., June T., 1893, Nos. 175 and 176, on verdict for plaintiffs. Ejectment for one sixth interest in a lot of ground on Mary street in Altoona. Before Barker, P. J., of the 47th district,, specially presiding. At the trial it appeared that Thomas Rice, of Altoona, died in 1866, leaving to survive him a widow and six children. In his will, dated the day before his death, he provided as follows : “ I will and bequeath all my real and personal property to my beloved wife, Mary, to have and to hold the same for her own…
1Opinion of the Court
Opinion by
Mb. Justice Mitchell,
It is unquestionable that Mary Rice the widow would only have taken a life estate at common law. But under our wills act of 1833 the whole estate passes by a devise without words of inheritance unless the intention of testator appears to have been to devise a less estate. The testator here devised to his widow “for her own proper use and behoof, as long as she shall remain my widow,” which are apt words to create a life estate and would certainly have done so had the will stopped here. But it did not. It continued “and if she should get married then she shall…
2Cases cited2 opinions
- Cooper v. PogueSupreme Court of Pennsylvania · 1880
- Long v. PaulSupreme Court of Pennsylvania · 1889
3Cited by31 opinions
- Groninger's EstateSupreme Court of Pennsylvania · 1920
- Commonwealth Ex Rel. Attorney General v. BennSupreme Court of Pennsylvania · 1925
- Tallarico EstateSupreme Court of Pennsylvania · 1967
- Long's EstateSupreme Court of Pennsylvania · 1921
- Conner's EstateSupreme Court of Pennsylvania · 1942
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