Waugh's Executors v. Waugh
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Adams county: Of May Term 1877, No: 188. This was a case stated wherein John B. Waugh and others were plaintiffs, and James H. Marshall and Joseph Kittinger, executors of John Waugh, deceased, defendants. The material portions were as follows :— John Waugh died in April 1874, having made his will dated November 7th 1870, which was proved April 28th 1874, and letters testamentary granted to the defendants, the executors named in the will.
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Error to the Court of Common Pleas of Adams county: Of May Term 1877, No: 188. This was a case stated wherein John B. Waugh and others were plaintiffs, and James H. Marshall and Joseph Kittinger, executors of John Waugh, deceased, defendants. The material portions were as follows :— John Waugh died in April 1874, having made his will dated November 7th 1870, which was proved April 28th 1874, and letters testamentary granted to the defendants, the executors named in the will. The plaintiffs are the children of James Waugh, late of Grayson county, Va., who was a brother of John Waugh, and…
1Opinion of the CourtJustice Woodward
If the estate of John Waugh in the land out of which the rents in controversy accrued, had been strictly and technically that of a tenant for life, the.common-law right of his representatives to those rents, subject to the modification made by the revised statutes of 1833 and 1834, would have been clear. Where a tenant for life sows lands, and then his estate is determined, not by his own act, his executors shall have the growing crops, called emblements., Thus if a tenant for his own life sows the ground, and dies before harvest, his executors shall have the emblements, for the estate was…
2Cases cited2 opinions
- Bank of Pennsylvania v. WiseSupreme Court of Pennsylvania · 1834
- Wilkins v. VashbinderSupreme Court of Pennsylvania · 1838
3Cited by7 opinions
- Cable v. Cable, Pennsylvania Court of Common Pleas, Alleghany County1892
- Knoll v. HartSupreme Court of Pennsylvania · 1932
- Williams v. StanderSupreme Court of Colorado · 1960
- Anspach v. LightnerSuperior Court of Pennsylvania · 1906
- Simun EstateSuperior Court of Pennsylvania · 1943
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