Trustees v. Sturgeon
Supreme Court of Pennsylvania
In error from the Common Pleas of Erie. This was an action of trespass, to try the right of two congregations to a piece of land devised for the use of a church, &c., in which a special verdict was found.
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In error from the Common Pleas of Erie. This was an action of trespass, to try the right of two congregations to a piece of land devised for the use of a church, &c., in which a special verdict was found. The will under which both parties claimed was, so far as is material, as follows: — After devising to his wife, for life, the proceeds of his farm, adjoining lands of Heiss et al., (“ except one acre of land to he laid off for public use, school-house, meeting-house, and grave-yard,”) the testator directed that the proceeds of the. said lands “shall, after her decease, for ever he and remain…
1Opinion of the CourtCoulter, J.
(after stating the evidence offered and rejected.) — The will was made on the 27th November, 1837, and *327probate made thereof on the 18th April, 1838, one day after the death of the testator. By the 6th section of the act of 1833, on the subject, it is provided that every will shall be in writing; and the 13th section of the same act enacts that no will in writing, concerning real estate, shall be repealed, nor shall any devise or direction thereof be altered, otherwise than by some other will or codicil in writing. The provision in the 13th section is peculiarly marked and emphatic, and seems…
2Cases cited1 opinion
- Commonwealth v. GreenSupreme Court of Pennsylvania · 1839
3Cited by7 opinions
- Beisgen EstateSupreme Court of Pennsylvania · 1956
- Gabster v. MesarosSupreme Court of Pennsylvania · 1966
- Lackawanna Iron & Steel Co. v. Lackawanna & Wyoming Valley R. R.Supreme Court of Pennsylvania · 1930
- Hughes's Estate (No. 2)Supreme Court of Pennsylvania · 1935
- McKean EstateSuperior Court of Pennsylvania · 1943
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