Wilson v. Denig
Supreme Court of Pennsylvania
Appeal, No. 268, Oct. T., 1894, by plaintiff, from judgment of C. P. No. 3, Allegheny Co., Aug. T., 1893, No. 823, ou special verdict for defendant. Ejectment.
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Appeal, No. 268, Oct. T., 1894, by plaintiff, from judgment of C. P. No. 3, Allegheny Co., Aug. T., 1893, No. 823, ou special verdict for defendant. Ejectment. Before Porter, J. The juiy returned the followiug special verdict: “ Barnet Gilleland died seized in fee of the land described in the writ, on Nov. 1, 1845, and by his will, dated March 13, 1844, probated Nov. 10, 1845, and of record, etc., which will is hereby made a part of this special verdict, devised, in the sixth paragraph of said will, a share in real estate, then undivided, to his son William, as trustee of his daughter Lydia…
1Opinion of the Court
Per Curiam,
In the case of Wallace v. Denig, 152 Pa. 251, we decided that the children of Lydia Wallace took no estate whatever in the land devised in trust for her separate use, until after her death and upon condition of surviving her. The daughter of Lydia Wallace having died during the life of her mother, the father claimed title to a life estate in the share of the daughter as her statutory heir. But we held that this claim could not be sustained under the will by which the land was devised. Paxson, C. J., said,, “ The trustee had the power, as before observed, to surrender the entire…
2Cases cited1 opinion
- Wallace v. DenigSupreme Court of Pennsylvania · 1893
3Cited by1 opinion
- Buchanan v. DenigU.S. Circuit Court for the District of Western Pennsylvania · 1898