Stone v. McMullen
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of York County. Ejectment by George McMullen against Thomas II. Stone and Jacob Wall. Case stated between the parties for the opinion of the Court of Common Pleas in the nature of a special verdict with leave to either party to sue out a writ of error.
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Error to the Court of Common Pleas of York County. Ejectment by George McMullen against Thomas II. Stone and Jacob Wall. Case stated between the parties for the opinion of the Court of Common Pleas in the nature of a special verdict with leave to either party to sue out a writ of error. Hugh McMullen, of Monaghan township, York County, died in 1798, having made a last will dated November 29 th, 1792, in which he devised, inter alia, as follows: “ I Give and devise to my Two Sons Hugh McMullen & George McMullen, the plantation that I now live on to be Equally divided between them, to them…
1Opinion of the Court
The opinion of the Court was read October 3d, 1881, by
Sterrett, J.
The wall of'Hugh McMullen, the elder, admitted to probate in March, 1793, contains the following provisions, upon *117the construction of which the present contention hinges, viz.: “ I give and devise to my two sons, Hugh and George McMullen, the plantation that I now live on, to be equally divided between them, to them, their heirs, and assigns forever. Subject to the payment of thirty shillings yearly to my daughter, Elizabeth, during her natural life, and one-third of the clear yearly rent to my beloved wife, during her natural…
2Cases cited5 opinions
- Eichelberger v. BarnitzSupreme Court of Pennsylvania · 1840
- Langley v. HealdSupreme Court of Pennsylvania · 1844
- Sisco v. CheeneyOhio Supreme Court · 1831
- Lessee of Haines v. WitmerSupreme Court of Pennsylvania · 1798
- Heffner v. KnepperSupreme Court of Pennsylvania · 1837