Legal Opinion

Hitchcock v. Hitchcock

Supreme Court of Pennsylvania

Decided July 1, 1860PublishedCited by 11 opinions

Error, to tbe Common Pleas of Luzerne eounty. This was an ejectment by Celinda Ann Hitchcock, by her guardian L. D. Shoemaker, against Ebenezer Hitchcock, for three acres of land, or thereabouts, in Scranton, Luzerne county.

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Error, to tbe Common Pleas of Luzerne eounty. This was an ejectment by Celinda Ann Hitchcock, by her guardian L. D. Shoemaker, against Ebenezer Hitchcock, for three acres of land, or thereabouts, in Scranton, Luzerne county. The parties agreed upon a case stated, in the nature of a special verdict, in which the following facts were submitted for the opinion of the court:— Elisha Hitchcock, Sr., died seised of the premises in question, having first made the following will, on the 30th July 1857, which was duly proved after his decease. “ I, Elisha Hitchcock, of Scranton, in the county of…

1Opinion of the Court

The opinion of the court was delivered by

Woodward, J.

At the time the will was written, the testator did not mean to dispose of the bulk of his estate by any testamentary act, but meant, rather, that the distribution of the bulk should be controlled by notes and deeds to be thereafter made in favour of his children. This purpose is avowed in the first clause of the will, where, after speaking of the notes and deeds, he proceeds to dispose, specifically, of all his “ remaining real and personal estate.” Whatever, therefore, was not contained in the specific devises to his wife and…

2Cases cited1 opinion

  1. Girard v. Mayor of PhiladelphiaSupreme Court of Pennsylvania · 1833

3Cited by11 opinions

  1. Michener v. City of PhiladelphiaSupreme Court of Pennsylvania · 1888
  2. Farmers Trust Co., Excr. v. Wilson Et Ux.Supreme Court of Pennsylvania · 1948
  3. Estate of QuinPennsylvania Orphans' Court, Philadelphia County · 1891
  4. Packer's Estate (No. 2)Supreme Court of Pennsylvania · 1927
  5. Southgate v. KarpMichigan Supreme Court · 1908

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