Mitchell v. Pittsburg, Fort Wayne & Chicago Ry.
Supreme Court of Pennsylvania
Appeal, No. 257, Oct. T., 1894, by plaintiff, from judgment of C. P. No. 2, Allegheny Co., April T., 1893, No. 687, for defendant, non obstante veredicto. Ejectment.
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Appeal, No. 257, Oct. T., 1894, by plaintiff, from judgment of C. P. No. 2, Allegheny Co., April T., 1893, No. 687, for defendant, non obstante veredicto. Ejectment. Before Ewing, P. J. From the special verdict it appeared that James S. Stevenson, who was originally seized of the land in controversy, died on Oct. 16,1831, aged fifty-one years, leaving a will which was in part as follows: “ I, James S. Stevenson, of the city of Pittsburg, in the state of Pennsylvania, aged fifty years on the twelfth day of January, 1831, reflecting on the certainty of death and desirous of making a…
1Opinion of the Court
Opinion by
Mb. Chief Justice Steebett,
Although the devise to Amanda Stephens was made before the act of 1833 and without words of inheritance, yet, when read in connection with the introductory clause of James S. Stevenson’s will, there is a plain intent manifested in the first instance to give her an absolute estate. In McCullough v. Gilmore, 11 Pa. 370, where substantially the same expression was used, this court said: “ These words, and the like of them, are generally carried down into the corpus of the will, to show *650that the testator meant to dispose of his whole interest in a particular…
2Cases cited5 opinions
- Estate of BiddleSupreme Court of Pennsylvania · 1857
- Wilkinson v. BuistSupreme Court of Pennsylvania · 1889
- Coles v. AyresSupreme Court of Pennsylvania · 1893
- M'Cullough's Heirs v. GilmoreSupreme Court of Pennsylvania · 1849
- Schriver v. MeyerSupreme Court of Pennsylvania · 1852
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- Richards v. BentzSupreme Court of Pennsylvania · 1905
- Long v. HillSuperior Court of Pennsylvania · 1905
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