Kennedy v. Kennedy
Supreme Court of Pennsylvania
Appeal, No. 285, Oct. T., 1893, by defendant, Christina Kennedy, from judgment of C. P. No. 1, Allegheny Co., Dec. T., 1891, No. 691, on verdict for plaintiff, James M. Kennedy. Ejectment for undivided interest in land. At the trial, before Collier, J., it appeared that plaintiff and defendant were brother and sister. Plaintiff claimed the' land under the will of his father, Robert Kennedy.
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Appeal, No. 285, Oct. T., 1893, by defendant, Christina Kennedy, from judgment of C. P. No. 1, Allegheny Co., Dec. T., 1891, No. 691, on verdict for plaintiff, James M. Kennedy. Ejectment for undivided interest in land. At the trial, before Collier, J., it appeared that plaintiff and defendant were brother and sister. Plaintiff claimed the' land under the will of his father, Robert Kennedy. Defendant claimed the land as the sole devisee under the will of her mother, Christina Kennedy. The contest turned upon the construction of the portion of the will of Robert Kennedy, quoted in the opinion…
1Opinion of the Court
Opinion by
Mr. Justice Thompson,
The question in this ejectment is one which arises from a contention in regard to the estate devised by the will of Robert Kennedy to his wife Christina Kennedy, who upon her death devised it to her daughter, the appellant, defendant below. By his will he bequeathed as follows : “ To my dear wife Christina Kennedy, I bequeath all my property, personal and real, to have and to hold the same absolutely in her own right for and during her lifetime with power to dispose of the same at her own pleasure, but in event of her re-marrying, then one half of *329all the…
2Cases cited4 opinions
- Hatfield v. SohierMassachusetts Supreme Judicial Court · 1873
- Appeal of HinkleSupreme Court of Pennsylvania · 1887
- Forsythe v. ForsytheSupreme Court of Pennsylvania · 1885
- Fisher v. HerbellSupreme Court of Pennsylvania · 1844
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