Legal Opinion

Torrance v. Torrance

Supreme Court of Pennsylvania

Decided January 14, 1867PublishedCited by 8 opinions

Error to the Court of Common Pleas of Westmoreland county: The action was ejectment for a tract of 100 acres of land by Hitchman Torrance, Sarah Barnes, Samuel P. Torrance, William Torrance, Ellen Torrance, John Brisbane and Jane his wife, in her right, against Fenton Torrance.

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Error to the Court of Common Pleas of Westmoreland county: The action was ejectment for a tract of 100 acres of land by Hitchman Torrance, Sarah Barnes, Samuel P. Torrance, William Torrance, Ellen Torrance, John Brisbane and Jane his wife, in her right, against Fenton Torrance. Both parties claimed under the title of Hugh Torrance the elder, who died about August 1830. By his will, proved the 25th of the same month, he devised “ one hundred acres of land to my said son Samuel during his natural life, and the natural life of his wife, so long as she is his wife or widow, for their and their…

1Opinion of the Court

The opinion of the court was delivered, by

Agnew, J.

The plaintiffs below claimed title as the children of Samuel Torrance, under the will of their grandfather Hugh Torrance, Sr., who bequeathed to them the proceeds of sale of the remainder in 100 acres of land, devised to their father Samuel Torrance during his lifetifne. The remainder of the land was ordered by the will to be sold after Samuel’s death, and the proceeds divided among his children. About two years before his death his children, by deed, elected to take the land itself instead of the money. It is now insisted in argument that…

2Cases cited1 opinion

  1. Elliott v. Lessee of PeirsolSupreme Court of the United States · 1828

3Cited by8 opinions

  1. Smith v. WildmanSupreme Court of Pennsylvania · 1896
  2. Bennett v. Hayden, Pennsylvania Court of Common Pleas, Westmoreland County1892
  3. Cierlinski v. RysSupreme Court of Pennsylvania · 1909
  4. Wadsworth's EstateSuperior Court of Pennsylvania · 1916
  5. In re McKibbinsSuperior Court of Pennsylvania · 1899

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