Graham v. Grugan
Supreme Court of Pennsylvania
APPEAL BY PLAINTIFFS FROM THE COURT OF COMMON PLEAS NO. 3 OF PHILADELPHIA COUNTY. No. 280 January Term 1889, Sup. Ct.; court below, No. 113 June Term 1888, C. P. No. 3. On March 14, 1888, Annie G. Graham, Sarah L. M. Shoemaker, Harriet M. Shoemaker, and Charles L. Patton brought ejectment against Jolm G. Grugan and William Hinkle, to recover certain real estate. Issue.
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APPEAL BY PLAINTIFFS FROM THE COURT OF COMMON PLEAS NO. 3 OF PHILADELPHIA COUNTY. No. 280 January Term 1889, Sup. Ct.; court below, No. 113 June Term 1888, C. P. No. 3. On March 14, 1888, Annie G. Graham, Sarah L. M. Shoemaker, Harriet M. Shoemaker, and Charles L. Patton brought ejectment against Jolm G. Grugan and William Hinkle, to recover certain real estate. Issue. On December 22,1888, a case-stated was agreed upon by the parties and filed, setting out the facts following: Sarah L. M. Clark died about the year 1840, intestate, seised of a tract of land of which the premises in question…
1Opinion of the Court
Opinion,
Mk. Justice Green:
The simple question in this case is, what was the property which the testatrix intended to dispose of by her will ? It was made forty years before her death, and she certainly meant to die testate. She was one of six children whose father was living, but whose mother had died in 1840, seven years before the date of this will. The mother had died intestate, leaving a tract of land of which the father was tenant by the curtesy during the whole of his life, and the premises in question in this action were a part, one sixth, of that tract. Of course it must be presumed…
2Cited by2 opinions
- Graham v. KnowlesSupreme Court of Pennsylvania · 1891
- Johnson EstatePennsylvania Orphans' Court, Philadelphia County · 1952