Brendlinger v. Brendlinger
Supreme Court of Pennsylvania
Error, to the Common Pleas of Montgomery county. These cases were ejectments, brought by Wilhelmina Brendlinger against Charles Brendlinger, to recover the one-third of one-seventh of two lots of woodland, containing about 10' acres each, and against Jacob Feather, to recover the same interest in another tract of the same quantity.
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Error, to the Common Pleas of Montgomery county. These cases were ejectments, brought by Wilhelmina Brendlinger against Charles Brendlinger, to recover the one-third of one-seventh of two lots of woodland, containing about 10' acres each, and against Jacob Feather, to recover the same interest in another tract of the same quantity. The plaintiff showed that the title was vested in Jacob Brendlinger, who died seised of the same, leaving five children and the issue of two children deceased, and that she was one of the three children of a deceased son. The defendants claimed through a sale by…
1Opinion of the Court
The opinion of the court was delivered by
Lowrie, J.,
(who, after stating the facts, proceeded.) — "We are unable to adopt the principles on which this cause was decided by the learned judge of the Common Pleas. On the death of a proprietor of land, his title must go according to the law of descents, unless he leave a will in writing directing otherwise. He who does not claim by descent, must show a written title to himself. No intention in his favour can avail him that is not expressed in the written will. If the expressed intention is inadequate for his purpose, the law of the land and the…
2Cited by5 opinions
- Lilley's EstateSupreme Court of Pennsylvania · 1922
- Logan v. WileySupreme Court of Pennsylvania · 1947
- Metzger's EstateSupreme Court of Pennsylvania · 1908
- Potter's EstateSupreme Court of Pennsylvania · 1917
- Byrne's EstateSuperior Court of Pennsylvania · 1936