Donovan v. Woodworth
Supreme Court of Pennsylvania
Appeal, No. 10, Oct. T., 1912, by Margaret Marion Donovan et al. from judgment of C. P. No. 4, Allegheny Co., Third Term, 1911, No. 201, for defendant on case stated in case of Margaret Marion Donovan and Charles H. Donovan v. A. M. Woodworth. Case stated to determine title to real estate.
Read the full summary
Appeal, No. 10, Oct. T., 1912, by Margaret Marion Donovan et al. from judgment of C. P. No. 4, Allegheny Co., Third Term, 1911, No. 201, for defendant on case stated in case of Margaret Marion Donovan and Charles H. Donovan v. A. M. Woodworth. Case stated to determine title to real estate. Swearingen, P. J., filed the following opinion: “The plaintiffs, Margaret Marion Donovan and Charles H. Donovan, her husband, agreed in writing to convey.....land unto A. M. Woodworth, the defendant, in fee, by deed of general warranty, for the consideration of $10,000. The defendant declined to accept the…
1Opinion of the Court
Opinion by
Mr. Justice Moschzisker,
Margaret Marion Donovan took but a life estate in tbe land in question. Tbe part of tbe will essential to a determination of the questions involved in this appeal is quoted in the opinion of the Common Pleas published in connection herewith. The language employed throughout the whole instrument indicates that the testator understood the legal significance of the terms “heirs” and “children” and appreciated the difference in meaning between the two, for wherever there was a clear intention to pass an absolute estate he made use of the word “heirs” or the words…
2Cases cited3 opinions
- Smith v. PiperSupreme Court of Pennsylvania · 1911
- Simpson v. ReedSupreme Court of Pennsylvania · 1903
- Pifer v. LockeSupreme Court of Pennsylvania · 1903
3Cited by2 opinions
- Waldron v. WahlSupreme Court of Pennsylvania · 1926
- Lauer v. HoffmanSupreme Court of Pennsylvania · 1913