Bender v. Dietrick
Supreme Court of Pennsylvania
ERROR to the Common Pleas of Franklin county. This was an action of ejectment by George Dietrick and wife and John Armstrong and wife against Dorothea Bender and others, in which the plaintiffs claimed to recover the two undivided seventh parts of a tract of land.
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ERROR to the Common Pleas of Franklin county. This was an action of ejectment by George Dietrick and wife and John Armstrong and wife against Dorothea Bender and others, in which the plaintiffs claimed to recover the two undivided seventh parts of a tract of land. The parties stated the following facts, and agreed to consider them as a special verdict:— George Dietrick and Samuel Armstrong were duly married to Susanna and Rosanna, two of the daughters of David Bender, deceased, by his first wife. That the said David Bender, after the death of his first wife, married a jsecond one, by whom he…
1Opinion of the Court
The opinion of the Court was delivered by
Rogers, J.
If we were at liberty to guess at the intention of the testator, it is possible we might come to the conclusion that it was not his intention to die intestate as to any part of his property; that his two daughters by his first wife, Susanna and Rosanna, should have nothing except the bequests in his will, and his children by the second wife should be the residuary legatees. The will is evidently imperfect on its face, whether the effect of carelessness or design we may conjecture, but cannot with any certainty say; so that it would be…
2Cited by17 opinions
- Hancock's AppealSupreme Court of Pennsylvania · 1886
- Estate of JacobsSupreme Court of Pennsylvania · 1891
- Rivenett v. BourquinMichigan Supreme Court · 1884
- Sigel's EstateSupreme Court of Pennsylvania · 1905
- Bruckman's EstateSupreme Court of Pennsylvania · 1900
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