Legal Opinion

Henninger v. Henninger

Supreme Court of Pennsylvania

Decided March 24, 1902No. Appeal, No. 339PublishedCited by 18 opinions

Appeal, No. 339, Jan. T., 1901, by defendant, from judgment of C. P. Franklin Co., Sept. T., 1901, No. 80, on ease stated, in suit of Elizabeth Henninger v. F. A. Henninger. Case stated to determine the marketable title to real estate. John Stewart, P. J., filed the following opinion: Mrs. Elizabeth W. Henninger, plaintiff in this action, derives whatever title she has to the real estate which is the subject of this contract from the will of Jacob Coover.

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Appeal, No. 339, Jan. T., 1901, by defendant, from judgment of C. P. Franklin Co., Sept. T., 1901, No. 80, on ease stated, in suit of Elizabeth Henninger v. F. A. Henninger. Case stated to determine the marketable title to real estate. John Stewart, P. J., filed the following opinion: Mrs. Elizabeth W. Henninger, plaintiff in this action, derives whatever title she has to the real estate which is the subject of this contract from the will of Jacob Coover. The will reads as follows: “ All the residue of my estate, real, personal and mixed, of which I shall die possessed .... I will and devise…

1Opinion of the Court

Per. Curiam,

The learned judge of the court below was clearly right, in holding, that by the terms of Jacob’s Coover’s will, the proposed conveyance of Elizabeth Henninger was not the assertion of title in her, but the exercise of a full power conferred upon her by the will. On his lucid opinion we affirm the judgment.

2Cited by18 opinions

  1. Edds v. Mitchell, Admr.Texas Supreme Court · 1945
  2. Rumsey's EstateSupreme Court of Pennsylvania · 1926
  3. Fassitt v. SeipSupreme Court of Pennsylvania · 1913
  4. Gramm EstateSupreme Court of Pennsylvania · 1966
  5. Hebron v. MagdaSupreme Court of Pennsylvania · 1924

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