Legal Opinion

Schenck v. Clyde

Superior Court of Pennsylvania

Decided July 16, 1913No. Appeal, No. 197PublishedCited by 2 opinions

Appeal, No. 197, Oct. T., 1912, by defendant, from judgment of C. P. No. 3, Phila. Co., March T., 1911, No. 4,190, on verdict for plaintiff in case of Elizabeth Schenck et al. and The Media Title and Trust Company, Guardian of Latemore Williams, a minor, v. Anna M. Clyde. Ejectment for land in the twenty-third ward of the city of Philadelphia. Before McMichael, P. J. The facts are stated in the opinion of the Superior Court. Verdict and judgment for plaintiffs.

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Appeal, No. 197, Oct. T., 1912, by defendant, from judgment of C. P. No. 3, Phila. Co., March T., 1911, No. 4,190, on verdict for plaintiff in case of Elizabeth Schenck et al. and The Media Title and Trust Company, Guardian of Latemore Williams, a minor, v. Anna M. Clyde. Ejectment for land in the twenty-third ward of the city of Philadelphia. Before McMichael, P. J. The facts are stated in the opinion of the Superior Court. Verdict and judgment for plaintiffs. Defendant appealed. Error assigned was in directing a verdict for plaintiff.

1Opinion of the Court

Opinion by

Head, J.,

Emmeline Simmons died March 3, 1898, testate and seized, inter alia, of the premises in dispute. By the fifth paragraph of her will, duly admitted to probate, she devised the said premises to her two sisters and her brother, subject to a life estate in favor of her surviving husband. The brother, who was named as her executor, has since died, and his children, with the two remaining devisees of the testatrix, are the parties plaintiff claiming the title to the premises in dispute under the devise aforesaid. The husband of the testatrix who survived her has also died, and…

2Cases cited3 opinions

  1. Wilkinson v. BuistSupreme Court of Pennsylvania · 1889
  2. Doran v. PiperSupreme Court of Pennsylvania · 1894
  3. Eisenbrown v. BurnsSuperior Court of Pennsylvania · 1906

3Cited by2 opinions

  1. McCloskey v. TimmonsSuperior Court of Pennsylvania · 1920
  2. Rieder v. MillerSuperior Court of Pennsylvania · 1917

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