Ellmaker v. Ellmaker
Supreme Court of Pennsylvania
WRIT of error to the district court of Lancaster county. This was an action for money had and received by Margaret Ell-maker against William Hiesler, administrator of Isaac Ellmaker deceased ; in which the plaintiff claimed to recover*,7746 dollars wilh interest, being the one third of the personal estate of her husband, the defendant’s intestate.
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WRIT of error to the district court of Lancaster county. This was an action for money had and received by Margaret Ell-maker against William Hiesler, administrator of Isaac Ellmaker deceased ; in which the plaintiff claimed to recover*,7746 dollars wilh interest, being the one third of the personal estate of her husband, the defendant’s intestate. The defence was, that the plaintiff and Isaac Ellmaker, previously to their marriage, entered into a contract, by which she, if she survived her intended husband, should receive a certain sum in lieu of her interest in his estate : and the cause…
1Opinion of the Court
The opinion of the Court was delivered by
Gibson, C. J.
—Ambiguity is the effect of words that have either no definite sense, or else a double one ; and if it be found in the settlement before us, it is because the word dower has a restricted sense in legal proceedings, and an extended one in familiar use. It is said by Mr Chitty, that the plain, ordinary and popular meaning shall prevail, in preference to the strict, grammatical and etymological meaning; but, that the language of a contract may have acquired, by the usage of trade or the like, a peculiar sense distinct from the popular one,…
2Cited by12 opinions
- Dickerson's AppealSupreme Court of Pennsylvania · 1887
- Windolph v. Girard Trust Co.Supreme Court of Pennsylvania · 1914
- Pringle v. PringleSupreme Court of Pennsylvania · 1868
- McGee v. McGeeIllinois Supreme Court · 1878
- Brownell v. BriggsMassachusetts Supreme Judicial Court · 1899
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