McMasters v. Shellito
Superior Court of Pennsylvania
Appeal, No. 129, April T., 1900, by plaintiffs, in suit of Robert McMasters and Nancy Jane Me-Masters, his wife, in right of Nancy Jane McMasters, against Martha Shellito, from judgment of C. P. Crawford Co., Feb. T., 1898, No. 127, in favor of defendant on case stated. Opinion by W. D. Porter, J. Case stated. The facts sufficiently appear in the opinion of the court. The court below entered judgment on the case stated in favor of defendant. Plaintiff appealed.
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Appeal, No. 129, April T., 1900, by plaintiffs, in suit of Robert McMasters and Nancy Jane Me-Masters, his wife, in right of Nancy Jane McMasters, against Martha Shellito, from judgment of C. P. Crawford Co., Feb. T., 1898, No. 127, in favor of defendant on case stated. Opinion by W. D. Porter, J. Case stated. The facts sufficiently appear in the opinion of the court. The court below entered judgment on the case stated in favor of defendant. Plaintiff appealed. Error assigned was the judgment of the court below was, erroneous.
1Opinion of the Court
Opinion by
W. D. Porter, J.,
George Shellito died in December, 1844, having first duly executed a last will, which was probated on the 5 th day of that month. The questions for determination in this case arise under the following clause in said will-: “The place that William lives upon, he can live upon as long as he chooses, and when he dies, or leaves it, it is to descend to his two eldest sons, and for want of male heirs it is to descend to his two eldest daughters.” No other clause in the will further limits or explains the estates which it was the intention of the testator should pass by…
2Cases cited7 opinions
- Sheets' EstateSupreme Court of Pennsylvania · 1866
- Guthrie's AppealSupreme Court of Pennsylvania · 1861
- Taylor v. TaylorSupreme Court of Pennsylvania · 1870
- Chew's AppealSupreme Court of Pennsylvania · 1861
- Cote v. VonBonnhorstSupreme Court of Pennsylvania · 1862
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3Cited by3 opinions
- Weber EstateSuperior Court of Pennsylvania · 1944
- In re the Application for a Construction of the Last Will & Testament of WerleNew York Surrogate's Court · 1915
- Wise's EstatePennsylvania Orphans' Court, Perry County · 1947