Taylor v. Birmingham
Supreme Court of Pennsylvania
Error to tbe District Court of Allegheny county. This was an ejectment in the name of Oliver C. Taylor, by his guardian, against Joseph Birmingham, to recover a tract of land in Allegheny county, containing 98 acres and 80 perches. John Taylor, in his lifetime, was the owner of the land in dispute, and made his last will and testament on the 14th September, 1844, which, after his death, was admitted to probate on the 5th October of the same year.
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Error to tbe District Court of Allegheny county. This was an ejectment in the name of Oliver C. Taylor, by his guardian, against Joseph Birmingham, to recover a tract of land in Allegheny county, containing 98 acres and 80 perches. John Taylor, in his lifetime, was the owner of the land in dispute, and made his last will and testament on the 14th September, 1844, which, after his death, was admitted to probate on the 5th October of the same year. By this will he devised it as follows: “ To my sons, Alexander and Wilson Taylor, I give and devise the tract of land on which I now live, adjoining…
1Opinion of the Court
The opinion of the court was delivered by
Woodward, J.
We adopt so much of the opinion of the learned judge as relates to the character and effect of the conveyances between Alexander and Wilson Taylor, and their respective wives, and the construction of Alexander’s will.
And the effect of this ruling is fatal to the defendant’s title at all points; for if these deeds were simply a partition by tenants in common, and vested no interest in Alexander’s wife, then the whole estate passed by his will, and under that she took a life estate, subject to be defeated by her second marriage. She held her…
2Cited by2 opinions
- Young's EstateSupreme Court of Pennsylvania · 1895
- Rhodes's EstateSupreme Court of Pennsylvania · 1911