Hoge v. Hoge
Supreme Court of Pennsylvania
ERROR, to the common pleas of Washington county. This was an action of ejectment by William Hoge against William Wilson and William Hoge, son of David Hoge, brought" to December term 1827, to recover the possession of an undivided equal third part of six hundred acres of land, adjoining the borough of Washington. Both parties claimed under William Hoge, and admitted that he died seised of an estate in fee simple in the land in dispute.
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ERROR, to the common pleas of Washington county. This was an action of ejectment by William Hoge against William Wilson and William Hoge, son of David Hoge, brought" to December term 1827, to recover the possession of an undivided equal third part of six hundred acres of land, adjoining the borough of Washington. Both parties claimed under William Hoge, and admitted that he died seised of an estate in fee simple in the land in dispute. The plaintiff below, on the trial, in order to support his claim to the land, gave in evidence the last will and testament of William Hoge, the deceased, dated…
1Opinion of the Court
The opinion of the Court was delivered by
Gibson, C. J.
The sum of the evidence on the part of the plaintiff, in relation to the first of the two essential points in the cause, *214is contained in the testimony of Mr M’Giffin, and the deposition of Mr Morgan. The first of these testified, that when he was writing the will, the testator remarked, that “ as regards the devise to his brother John Hoge, it was a trust, and that he had no other way of doing it: he must leave it entirely to his honour.” That no words were used to designate the person for whom the trust was intended; but that John Hoge,…
2Cited by63 opinions
- Brison v. BrisonCalifornia Supreme Court · 1888
- Matter of Will of O'HaraNew York Court of Appeals · 1884
- Ransdel v. MooreIndiana Supreme Court · 1899
- Williams v. . FitchNew York Court of Appeals · 1859
- Olliffe v. WellsMassachusetts Supreme Judicial Court · 1881
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