Jack's Executors v. Arnold
Supreme Court of Pennsylvania
Error to tbe Court of Common Pleas of Westmoreland county. This was an action to determine the ownership of the personal estate of Henry Jack, deceased.
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Error to tbe Court of Common Pleas of Westmoreland county. This was an action to determine the ownership of the personal estate of Henry Jack, deceased. Henry Jack, by will, dated May 7, 1829, devised all his property, or estate, whether real, personal, or mixed, to his brothers, “ Matthew, William and Wilson Jack, as joint tenants, and to the survivors and survivor of them and the heirs of the said survivor; to be assignable by my said brothers, or their survivors, at any time, or in any manner, they think proper; provided the said brothers, or their survivors, shall all, or both, if one be…
1Opinion of the Court
The opinion of the court was delivered
by Knox, J.
— In an action between these parties, this court de*406cided, at the Pittsburgh Term for 1854, (12 Harris, 57,) that, by the will of Henry Jack, the survivor of the three brothers, Matthew, William, and Wilson Jack, was entitled in fee to the entire estate devised to the three as joint tenants. The matter in controversy in the former suit was real estate. Here it is personal property; but we are unable to discover any difference between the two cases. The estate, real and personal, was given in the same clause and by the same words, and there is no…
2Cited by2 opinions
- Kerr v. VernerSupreme Court of Pennsylvania · 1870
- Haupt v. DavisSupreme Court of Pennsylvania · 1875