M'Cullough's Heirs v. Gilmore
Supreme Court of Pennsylvania
Error to the District Court of Allegheny. Sept. 4. This was a case stated, in the nature of a special verdict in ejectment, in which the heirs of Isabella M’CulIough, claiming one-seventh of the land in controversy, were plaintiffs, and John Gilmore, the tenant in possession of the land, was defendant. Henry Huey, William Huey, and Isabella M’Cullough, the mother of the plaintiffs, were children of John Huey, deceased.
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Error to the District Court of Allegheny. Sept. 4. This was a case stated, in the nature of a special verdict in ejectment, in which the heirs of Isabella M’CulIough, claiming one-seventh of the land in controversy, were plaintiffs, and John Gilmore, the tenant in possession of the land, was defendant. Henry Huey, William Huey, and Isabella M’Cullough, the mother of the plaintiffs, were children of John Huey, deceased. Of John Huey’s children, seven are alive, or have died leaving descendants. In 1822 Henry Huey made his will and died. In that will he makes the following disposition of the…
1Opinion of the Court
The opinion of this court was delivered by
Coulter, J.
The most harassing duty which devolves on the courts is the interpretation of wills, in which the testator has often no clear or distinct intention present to his own mind, or if he has, he lacks the power of expressing it. We are oflen compelled to draw light from that which is obscure, and give distinctiveness to that which is vague and glimmering.
In this casé, there was doubtless present to the testator’s mind, when making the devise in question, a general intent to give a fee to his brother William. He first directs that “ all his…
2Cited by5 opinions
- Pattin v. ScottSupreme Court of Pennsylvania · 1921
- Mitchell v. Pittsburg, Fort Wayne & Chicago Ry.Supreme Court of Pennsylvania · 1895
- Long v. HillSuperior Court of Pennsylvania · 1905
- Oudry-Davis v. FindleySuperior Court of Pennsylvania · 1916
- Mahon v. Hoder, Pennsylvania Court of Common Pleas, Wyoming County1926