Hogg's Estate
Superior Court of Pennsylvania
Appeal, No. 204, Oct. T., 1904, by Edna E. Hogg, from decree of O. C. Lancaster Co., March T., 1902, No. 4, dismissing exceptions to adjudication in Estate of Robert and Rachel J. Hogg, deceased. Exception to adjudication.
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Appeal, No. 204, Oct. T., 1904, by Edna E. Hogg, from decree of O. C. Lancaster Co., March T., 1902, No. 4, dismissing exceptions to adjudication in Estate of Robert and Rachel J. Hogg, deceased. Exception to adjudication. From the record it appeared that Robert Hogg, one of the decedents, died testate, on or about November 29, 1886. By the terms of his will he devised one third of his real estate to his son, William H. Hogg, one-third thereof to his granddaughter, Edna E. Hogg, the appellant, and one third to his widow, Rachel J. Hogg, since deceased, with power to dispose of her share by…
1Opinion of the Court
Opinion by
Ponter, J.,
This appeal is from a decree of the court below distributing the fund realized from a sale under proceedings in partition. The question to be determined is whether Edna E. Hogg took an estate in fee simple or a defeasible fee in the land, under the devise by her grandmother. The primary devise to the appellant passed an estate in fee simple, under the act of 1833, unless it appear from the other provisions of the will that the testator intended to devise a less estate. The only question is whether such intention appears in the item which follows: “ In case of the death of…
2Cases cited17 opinions
- Mickley's AppealSupreme Court of Pennsylvania · 1880
- Grimes v. ShirkSupreme Court of Pennsylvania · 1895
- Mitchell v. Pittsburg, Fort Wayne & Chicago Ry.Supreme Court of Pennsylvania · 1895
- Stoner v. WunderlichSupreme Court of Pennsylvania · 1901
- King v. FrickSupreme Court of Pennsylvania · 1890
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3Cited by1 opinion
- Throckmorton v. ThompsonSupreme Court of Pennsylvania · 1907