Hults v. Holzbach
Supreme Court of Pennsylvania
Appeal, No. 54, Oct. T., 1911, by defendant, from judgment of C. P Mercer Co., April Term, 1910, No. 37, for plaintiff on case stated in suit of Leonard G. Hults, Executor of Elizabeth Mizner, deceased, v. R. F. Holzbach. Case stated to determine marketable title to real estate. The opinion of the Supreme Court states the case. Error assigned was in entering judgment for plaintiff on case stated.
1Opinion of the Court
Opinion by
Mr. Justice Potter,
In the third paragraph of his will John Mizner provided as follows: “I will and bequeath to my wife Elizabeth Mizner all my real and personal estate, including my household and kitchen furniture, so long as she remains my widow. In case my wife, Elizabeth, should marry again she is to have all that is in the house, two cows and two thousand dollars, and the balance of my real and personal estate, in case my wife, Elizabeth, should remarry, is to go to my six sisters,” (naming them). It appears from the record that the widow did not remarry, and died in possession…
2Cases cited4 opinions
- Redding v. RiceSupreme Court of Pennsylvania · 1895
- Fidelity Trust Co. v. BobloskiSupreme Court of Pennsylvania · 1910
- Rohrbach v. SandersSupreme Court of Pennsylvania · 1905
- Koble v. BennettSuperior Court of Pennsylvania · 1909
3Cited by5 opinions
- Tallarico EstateSupreme Court of Pennsylvania · 1967
- McCall v. UmbenhauerSupreme Court of Pennsylvania · 1921
- Pumroy v. JenkinsSupreme Court of Kansas · 1940
- Gohn's EstateSupreme Court of Pennsylvania · 1936
- Semple's EstatePennsylvania Orphans' Court, Northampton County · 1924