Wise v. Rupp
Supreme Court of Pennsylvania
Appeal, No. 307, Jan. T., 1921, by defendant, from judgment of C. P. Lehigh Co., June T., 1920, No. 127, for plaintiff on case stated, in suit of Ira Wise, Guy Wise and Charles G. Kaiser, trustee for children of Asa Wise, under will of J ames Wise, deceased, y. Helen E. Rupp. Case-stated to determine marketability of real estate. Before Henninger, J. The opinion of the Supreme Court states the facts.. The court entered judgment for plaintiffs on case-stated.
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Appeal, No. 307, Jan. T., 1921, by defendant, from judgment of C. P. Lehigh Co., June T., 1920, No. 127, for plaintiff on case stated, in suit of Ira Wise, Guy Wise and Charles G. Kaiser, trustee for children of Asa Wise, under will of J ames Wise, deceased, y. Helen E. Rupp. Case-stated to determine marketability of real estate. Before Henninger, J. The opinion of the Supreme Court states the facts.. The court entered judgment for plaintiffs on case-stated. Defendant appealed. Error assigned was above judgment, quoting it.
1Opinion of the Court
Opinion by
Mr. Justice Schaffer,
The parties to this action, brought to determine the validity of title to real estate, agreed upon a case-stated, from which we learn that the question to be decided depends upon a determination as to whether or not the hereinafter quoted clause of the will of James Wise is valid. He was evidently the draftsman of his own testament, and certainly did not carry into it either clarity of expression or continuity of thought.
The part of the will to be construed is thus expressed: “I further order and direct that in one year to fifteen years after the death of my…
2Cases cited1 opinion
- George Johnston's EstateSupreme Court of Pennsylvania · 1898
3Cited by11 opinions
- Thomas EstateSupreme Court of Pennsylvania · 1974
- Dreisbach EstateSupreme Court of Pennsylvania · 1956
- McKean EstateSuperior Court of Pennsylvania · 1946
- Tippett v. TippettCourt of Chancery of Delaware · 1939
- Davenport v. CollinsSupreme Court of South Carolina · 1931
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