Neubert v. Colwell
Supreme Court of Pennsylvania
Appeal, No. 125, Oct. T., 1907, by C. Montieth Gilpin, from decree of C. P. Armstrong Co., Dec. T., 1906, No. 88, on bill in equity in case of Valentine Neubert v. Phebe B. Colwell and her husband, Henry A. Colwell, Mary H. Hudson and her husband, Robert Hudson, O. W. Gilpin and Mary E. Adele Gilpin, C. Montieth Gilpin and Elizabeth McConnell. Bill in equity for partition.
Read the full summary
Appeal, No. 125, Oct. T., 1907, by C. Montieth Gilpin, from decree of C. P. Armstrong Co., Dec. T., 1906, No. 88, on bill in equity in case of Valentine Neubert v. Phebe B. Colwell and her husband, Henry A. Colwell, Mary H. Hudson and her husband, Robert Hudson, O. W. Gilpin and Mary E. Adele Gilpin, C. Montieth Gilpin and Elizabeth McConnell. Bill in equity for partition. From the record it appeared that John Gilpin died in 1883, seized of an undivided one-sixth of a lot known as No. 136 in Kittanning borough. Valentine Neubert owned an undivided two-thirds and Phebe B. Colwell and Mary H.…
1Opinion of the Court
Per Curiam,
The devises to testator’s children, one-half to the son Oliver “ and his heirs and assigns ” and the other half to the daughter “ and her heirs and assigns,” were in fee and the only question arises under the clause following, viz.:
“ But if either of my said children shall die without leaving lawful issue living at the time of his or her death, then and in that event, the part or share of the child so dying shall go to and vest in the survivor and his or her heirs and assigns. And if both of my said children shall die without leaving lawful issue living at the time of the death of…
2Cases cited2 opinions
- Morrison v. Truby, Pennsylvania Court of Common Pleas, Armstrong County1891
- McAlpin's EstateSupreme Court of Pennsylvania · 1905
3Cited by6 opinions
- Ewart v. DalbySupreme Court of Missouri · 1928
- Freeman's EstateSupreme Court of Pennsylvania · 1924
- Whitley v. . McIverSupreme Court of North Carolina · 1941
- Freeman's EstatePennsylvania Orphans' Court, Philadelphia County · 1924
- Wildemore's EstatePennsylvania Orphans' Court, Philadelphia County · 1927
1 more not listed; retrieve them via the Exa API.