Legal Opinion

Wallace v. Denig

Supreme Court of Pennsylvania

Decided January 3, 1893No. Appeal, No. 154PublishedCited by 2 opinions

Appeal, No. 154, Oct. T., 1892, by defendants, C. Denig et al., from judgment of C. P. No. 8, Allegheny Co., Aug. T., 1892, No. 251, on verdict for plaintiff, James Wallace. Ejectment for undivided one half of farm. At the trial it appeared that plaintiff claimed a life interest in one half of the land in controversy as father of his child Margaret, who died in 1851. The facts of the case appear by the opinion of the Supreme Court.

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Appeal, No. 154, Oct. T., 1892, by defendants, C. Denig et al., from judgment of C. P. No. 8, Allegheny Co., Aug. T., 1892, No. 251, on verdict for plaintiff, James Wallace. Ejectment for undivided one half of farm. At the trial it appeared that plaintiff claimed a life interest in one half of the land in controversy as father of his child Margaret, who died in 1851. The facts of the case appear by the opinion of the Supreme Court. Plaintiff’s points which were affirmed were as follows: “ 1. By the will of Barnett Gilleland, deceased, the legal title to the land in dispute in this case was…

1Opinion of the Court

Opinion by

Mr. Chief Justice Paxson,

This was an action of ejectment in the court below in which James Wallace, the plaintiff and appellee, claims title to an undivided one half of a farm in Braddock township, during his life, as father of his daughter, Maggie, who died in 1851.

Barnett Gilleland executed his will March 13,1844, and died on and about November 1, 1845.

By the sixth paragraph of his will the testator provides: “ To my son, William, I hereby give and bequeath in special trust and confidence as trustee of my daughter, Lydia Wallace, the second choice (after my son, James) of the…

2Cases cited3 opinions

  1. Peoples Sav. Bank v. DenigSupreme Court of Pennsylvania · 1890
  2. Snyder's AppealSupreme Court of Pennsylvania · 1880
  3. Estate of MillerPennsylvania Orphans' Court, Somerset County · 1891

3Cited by2 opinions

  1. Wilson v. DenigSupreme Court of Pennsylvania · 1895
  2. Buchanan v. DenigU.S. Circuit Court for the District of Western Pennsylvania · 1898

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