Dillon v. Faloon
Supreme Court of Pennsylvania
Appeal, No. 201, Oct. T., 1893, by defendant, Joseph Faloon, from judgment of C. P. No. 2, Allegheny Co., July T., 1893, No. 288, on case stated fop plaintiff, Mary Dillon. Case stated to determine whether deed offered by plaintiff to defendant conveyed marketable title. Before White, J. From the case stated it appeared that James Farley died on June 17, 1883, seized of the premises in question.
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Appeal, No. 201, Oct. T., 1893, by defendant, Joseph Faloon, from judgment of C. P. No. 2, Allegheny Co., July T., 1893, No. 288, on case stated fop plaintiff, Mary Dillon. Case stated to determine whether deed offered by plaintiff to defendant conveyed marketable title. Before White, J. From the case stated it appeared that James Farley died on June 17, 1883, seized of the premises in question. By his will he deyised the property as follows: “ I give and devise unto my beloved wife Catharine Pritchard Farley all that my messuage or tenements and lot of ground situate on Webster avenue,…
1Opinion of the Court
Per Curiam,
The facts of this case are substantially like those in Forsythe v. Forsythe, 108 Pa. 129, and furnish a basis for a like judgment. There, as here, a devise was made to a widow for life with an absolute power of testamentary disposition which was exercised; and it was held that the title made by the widow was in fee. The power of testamentary disposition necessarily excluded the life estate given the widow and made her will inoperative unless as an execution of it. Even a general devise of real estate raises a presumption of intention to execute the power, and no recital of the…
2Cases cited1 opinion
- Forsythe v. ForsytheSupreme Court of Pennsylvania · 1885
3Cited by2 opinions
- Jaekel EstateSupreme Court of Pennsylvania · 1967
- Lloyd v. FretzSupreme Court of Pennsylvania · 1912