Cowan's Appeal
Supreme Court of Pennsylvania
Appeal from the Orphans’ Court of Westmoreland county: No. 85, to October and November Term 1872. In the guardianship account of Matthew Jack, guardian, &c., of Harriet Jack now Cowan: Mrs. Cowan was a daughter of William Jack, deceased.
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Appeal from the Orphans’ Court of Westmoreland county: No. 85, to October and November Term 1872. In the guardianship account of Matthew Jack, guardian, &c., of Harriet Jack now Cowan: Mrs. Cowan was a daughter of William Jack, deceased. The decedent died February 28th 1852, leaving a widow Harriet Jack, and six children, William, Matthew, Margaret, Elizabeth, Emily and Harriet; and Nancy, who was born after the date of his will, dated August 11th 1848 and proved March 20th 1852; it contained amongst other provisions, the following:— To his wife Harriet all his personal property ; also the…
1Opinion of the Court
The opinion of the court was delivered, November 10th 1873, by
Agnew, J. —
In view of the general intention of the testator, William Jack, as drawn from his entire will, the least that can be said of the devise to Matthew Jack of the “ Best ” farm, is that it is obscure. In this state of the case the real estate of the testator was brought into partition in the Orphans’ Court, on the petition of William. Jack, the eldest son; the widow and devisees being made parties, and bringing in also Nancy Jack, a daughter, born after the making of the will and before the testator’s death, but not provided…
2Cases cited2 opinions
- Calhoun v. HaysSupreme Court of Pennsylvania · 1844
- Selfridge's AppealSupreme Court of Pennsylvania · 1845