Trout v. Rominger
Supreme Court of Pennsylvania
Appeal, No. 21, Oct. T., 1900, by plaintiffs, from judgment of C. P. No. 3, Allegheny Co., Aug. T., 1897, No, 131, on case stated in the suit of John Trout et al. v. John Rominger et al. Case stated to determine title to real estate. The facts are fully stated in the opinion of the Supreme Court. The court in an opinion by Kennedy, P. J., entered judgment for defendants on case stated. Error assigned was in entering judgment for defendants on case stated.
1Opinion of the Court
Opinion by
Mb. Justice Bbown
The plaintiffs below claim the property in dispute as the next of kin of Annie Rominger, and their right to recover depends upon what estate she took under the will of her husband, John Rominger, deceased. The intention of the testator, in making provision for his widow, as declared in his will, must prevail, for we are perplexed with no rule of construction that requires us to violate it. The clause in which is found his intention as to the estate given and devised to his widow, and which need not be read in connection with any other portion of the instrument to…
2Cases cited3 opinions
- Jauretche v. ProctorSupreme Court of Pennsylvania · 1865
- Gross v. StromingerSupreme Court of Pennsylvania · 1896
- Second Reformed Presbyterian Church v. DisbrowSupreme Court of Pennsylvania · 1866
3Cited by14 opinions
- Byrne's EstateSupreme Court of Pennsylvania · 1935
- Allen v. HirlingerSupreme Court of Pennsylvania · 1907
- Chesnut v. ChesnutSupreme Court of Pennsylvania · 1930
- Rumsey's EstateSupreme Court of Pennsylvania · 1926
- Hamilton v. HamiltonSupreme Court of Iowa · 1910
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