Legal Opinion

McClintic v. McClintic

Supreme Court of Pennsylvania

Decided June 30, 1917No. Appeal, No. 45PublishedCited by 1 opinion

Appeal, No. 45, Jan. T., 1917, by Ada McClintic, defendant, from judgment of C. P. Mifflin Co., August T., 1916, No. 61, on directed verdict for plaintiff in case of Miles B. McClintic, Administrator de bonis non cum testamento annexo-, of Felix McClintic, Deceased, v. Ada McClintic and Harry Wagner. Ejectment for the recovery of land in Mifflin County.

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Appeal, No. 45, Jan. T., 1917, by Ada McClintic, defendant, from judgment of C. P. Mifflin Co., August T., 1916, No. 61, on directed verdict for plaintiff in case of Miles B. McClintic, Administrator de bonis non cum testamento annexo-, of Felix McClintic, Deceased, v. Ada McClintic and Harry Wagner. Ejectment for the recovery of land in Mifflin County. Before Bailey,- P. J. The opinion of the Supreme Court- states the case. - On the trial the-court directed a verdict for the plaintiff. Defendant ap-peáled. ... Error assigned was in refusing defendant’s motion for judgment n. o. v.

1Opinion of the Court

Opinion by

Mr. Justice Potteb,

In this action of ejectment, the common source of title was Felix McClintic. He died on October 6, 1883, and in his last will provided as follows: “Seventh: I give my son, Andrew F., the farm on which I now live at eight thousand ($8,000) dollars, and if he should not have any lawful heirs, then after his death, the farm to be sold and divided equally between my son William three oldest children and my son Hugh three oldest children, and if any one of them should die before the property is divided, the balance to have it and out of this *114property, the wife of my…

2Cases cited2 opinions

  1. Bedford's AppealSupreme Court of Pennsylvania · 1861
  2. McCullough v. Johnetta Coal Co.Supreme Court of Pennsylvania · 1904

3Cited by1 opinion

  1. Monroe v. LeckeyMiami County Court of Common Pleas · 1956

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