Jack v. Shoenberger
Supreme Court of Pennsylvania
Error to the Common Pleas of Westmoreland county. This was an action of ejectment to August Term, 1849, byiJohn H. Shoenberger and Margaret his wife, late Margaret Oust, in her right, and Elorinda Blair, late Elorinda Cust, v. William Jack. The defendant having died, William Jack and others were substituted. It was brought to recover the one-third of a tract of land containing 77 acres, situate near to Greensburg. Both parties claimed under Matthew Jack.
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Error to the Common Pleas of Westmoreland county. This was an action of ejectment to August Term, 1849, byiJohn H. Shoenberger and Margaret his wife, late Margaret Oust, in her right, and Elorinda Blair, late Elorinda Cust, v. William Jack. The defendant having died, William Jack and others were substituted. It was brought to recover the one-third of a tract of land containing 77 acres, situate near to Greensburg. Both parties claimed under Matthew Jack. The females, who were plaintiffs, claimed as heirs at law of said Matthew Jack, who died, seised of the land, on 3d October, 1843, leaving…
1Opinion of the Court
The opinion of the Court was delivered by
Woodward, J.
On the 19th day of September, 1828, Matthew Jack made his will in writing, wherein, after certain devises to his *418brothers Henry and Wilson Jack, he employed the following language : “ I give and bequeath the whole rest and residue of my estate, -whether real or personal, and everything at time of death I may be possessed of, to my brother William Jack, and his heirs.” He died in 1848, seised of the land in controversy, but did not own it at the date of his will, having acquired it somewhere between 1831 and 1837. On the first trial of the…
2Cases cited4 opinions
- Girard v. Mayor of PhiladelphiaSupreme Court of Pennsylvania · 1833
- Havard v. DavisSupreme Court of Pennsylvania · 1810
- Jones v. HartleySupreme Court of Pennsylvania · 1837
- Murry v. MurrySupreme Court of Pennsylvania · 1837
3Cited by3 opinions
- Estate of QuinPennsylvania Orphans' Court, Philadelphia County · 1891
- Kerchner's EstateSuperior Court of Pennsylvania · 1909
- Williams v. WilliamsSuperior Court of Pennsylvania · 1924