Russell v. Kennedy
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Erie county: No. 26, to October and November Term 1870. The case in the court below was an action of ejectment, commenced January 23d 1867, by Alfred Russell and Julia Ann his wife, Austin J. Kennedy and Madison J. Kennedy, against De Witt Clinton Kennedy, for 3-9 of 200 acres of land in Wayne township.
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Error to the Court of Common Pleas of Erie county: No. 26, to October and November Term 1870. The case in the court below was an action of ejectment, commenced January 23d 1867, by Alfred Russell and Julia Ann his wife, Austin J. Kennedy and Madison J. Kennedy, against De Witt Clinton Kennedy, for 3-9 of 200 acres of land in Wayne township. The land in controversy belonged to Isaac Kennedy, who died leaving to survive him a widow Catharine Kennedy, and nine children, to wit: Sidney Kennedy, Charles Kennedy, Madison J. Kennedy, Betsy Avery, Catharine Campbell, Polly Esther Ware, Austin…
1Opinion of the Court
The opinion of the court was delivered, January 3d 1871, by
Sharswood, J.
— The questions which are presented upon this *251record depend upon the proper construction of the will of Isaac Kennedy. It is very inartificially drawn. That part which relates to the land in controversy is as follows: “ And as to my wife Catharine, as she has helped to make the property, it is my will that she should have the Draper place of one hundred and fifty acres, and one hundred and twenty-five acres of land on the where we now live, and the Smith lot and Possession lot to have the use of in the family until July…
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