Legal Opinion

Fidler v. Lash

Supreme Court of Pennsylvania

Decided March 25, 1889No. 304PublishedCited by 7 opinions

ERROR TO THE COURT OP COMMON PLEAS OF BERKS COUNTY. No. 304 January Term 1889, Sup. Ct.; court below, No. 84 May Term 1886, C. P. On April 20, 1886, Isaac R. Lash and Sarah, bis wife, in right of said Sarah Lash, brought ejectment against Elvina Fidler and Franklin Hertzog, to recover possession of two bouses and lots in the borough of Womelsdorf. Issue.

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ERROR TO THE COURT OP COMMON PLEAS OF BERKS COUNTY. No. 304 January Term 1889, Sup. Ct.; court below, No. 84 May Term 1886, C. P. On April 20, 1886, Isaac R. Lash and Sarah, bis wife, in right of said Sarah Lash, brought ejectment against Elvina Fidler and Franklin Hertzog, to recover possession of two bouses and lots in the borough of Womelsdorf. Issue. At the trial on December 5, 1887, the plaintiffs proved the defendants’ possession of the property in dispute, title to the said property in Isaac Rutter at bis death, testate, on November 16, 1852, leaving to survive him a sister, Sarah…

1Opinion of the Court

Opinion,

Mr. Justice Sterrett :

Both parties to this contention claimed under Isaac Rutter, former owner of the lots in controversy, who died seised thereof in November, 1852, having firet made his last will, wherein he devised the same, inter alia, as follows:

“ I do hereby give and bequeath unto my dear wife Hannah all my estate, real, personal, and mixed, for her sole use, so long as she lives. After her death, the remainder of the estate is to bo divided as follows: To Charles Reedy, son of Michael, I give and bequeath twenty-five dollars; to Sarah Ermentrout, daughter of Samuel Ermentrout,…

2Cases cited1 opinion

  1. Wilkinson v. BuistSupreme Court of Pennsylvania · 1889

3Cited by7 opinions

  1. Podaril v. ClarkSupreme Court of Iowa · 1902
  2. Darlington v. DarlingtonSupreme Court of Pennsylvania · 1894
  3. Sylvanus v. PruettNew Mexico Supreme Court · 1932
  4. Messmore's EstateSupreme Court of Pennsylvania · 1927
  5. Potts v. BrenemanSupreme Court of Pennsylvania · 1897

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