Holliday v. Hively
Supreme Court of Pennsylvania
Appeal, No. 70, Oct. T., 1900, by-defendants, from judgment of C. P. No. 2, Allegheny Co., April T., 1898, No. 919, on verdict for plaintiff in case of George L. Holliday v. Jennie Hively et al. Scire facias sur mortgage.
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Appeal, No. 70, Oct. T., 1900, by-defendants, from judgment of C. P. No. 2, Allegheny Co., April T., 1898, No. 919, on verdict for plaintiff in case of George L. Holliday v. Jennie Hively et al. Scire facias sur mortgage. Before White, P. J., who stated the facts to be as follows: 1. April 21, 1886, Barbara C. Elsey died, and by her will provided as follows: “ As to my real estate, to wit, the dwelling in which I now reside, I give, devise and bequeath the same to my executors hereinafter named, with full power to sell the same as a whole, or in parts or lots, and to give good and sufficient…
1Opinion of the Court
Opinion by
Mb. Justice Bbown,
If the estate of Jennie Hively, the appellant, was absolute in fee simple in the property which she and her husband undertook to mortgage to the appellee, the judgment entered on the verdict must be affirmed; but if it was a separate use trust, her mortgage was worthless, and the judgment cannot be sustained. She was the daughter of Barbara C. Elsey and the estate which she held came to her under the following clause in her mother’s will: “As to my real estate, to wit: the dwelling in which I now reside, I give, devise and bequeath the same to my executors…
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