Middleswarth's Adm'r. v. Blackmore
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Allegheny county: No. 88, to October and November Term 1873. This was an action of ejectment for a tract of two hundred acres of land, commenced May 4th 1871, by John Hickman, administrator d. b. n. c. t. a. of Moses Middleswarth, deceased, against James Blackmore.
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Error to the Court of Common Pleas of Allegheny county: No. 88, to October and November Term 1873. This was an action of ejectment for a tract of two hundred acres of land, commenced May 4th 1871, by John Hickman, administrator d. b. n. c. t. a. of Moses Middleswarth, deceased, against James Blackmore. The land in controversy belonged to Moses Middleswarth, the decedent, who died seised of it about July 1842, having made a will dated January 14th 1841, and proved July 23d 1842. Letters testamentary were issued to the executors named in the .will; they having died, administration d.-b. n. c.…
1Opinion of the Court
The opinion of the court was delivered, January 5th 1874, by
Mercur, J. —
It is an unquestioned rule that the intention of the testator shall govern in the construction of every devise, whenever that intention is clearly manifested, and is not inconsistent with the established principles of law. The intention, however, should not be ascertained by considering the language of the particular devise only, which is sought to be construed, but should be gathered from the whole instrument. The construction vgiven should be such as is consistent with the whole scheme of .the will. If a general intent,…
2Cases cited1 opinion
- Eichelberger v. BarnitzSupreme Court of Pennsylvania · 1840
3Cited by8 opinions
- Hackney v. TracySupreme Court of Pennsylvania · 1890
- Martin v. GrinageSupreme Court of Pennsylvania · 1927
- Hollinshead's EstateSupreme Court of Pennsylvania · 1922
- Parkhurst v. Harrower, Pennsylvania Court of Common Pleas, Tioga County1891
- Cameron v. CoySupreme Court of Pennsylvania · 1895
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