Hackney v. Tracy
Supreme Court of Pennsylvania
APPEAL BY DEPENDANTS PROM THE COURT OP COMMON PLEAS OP PAYETTE COUNTY. No. 41 July Term 1890, Sup. Ct.; court below, No. 378 June Term 1889, C. P. On May 10, 1889, Hiram H. Hackney and John Hackney brought ejectment against William Tracy and others, for fifty-three acres of land in Menallen township. The defendants’ plea was not guilty.
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APPEAL BY DEPENDANTS PROM THE COURT OP COMMON PLEAS OP PAYETTE COUNTY. No. 41 July Term 1890, Sup. Ct.; court below, No. 378 June Term 1889, C. P. On May 10, 1889, Hiram H. Hackney and John Hackney brought ejectment against William Tracy and others, for fifty-three acres of land in Menallen township. The defendants’ plea was not guilty. At the trial on March 19,1890, it was shown that Jacob Crabb died on March 25,1864, seised of a tract of one hundred and fifty acres which embraced the land in controversy, and leaving a .will, dated August 12, 1854, by which he disposed of his real estate in…
1Opinion of the Court
Opinion,
Mr. Justice Green:
In one of our most recent cases Reinoehl v. Shirk, 119 Pa. 108, our brother Stebeett, in delivering the opinion of the court, said: “ Standing alone, therefore, the words ‘ die without leaving issue,’ and other expressions of the same import, mean an indefinite failure of issue: Taylor v. Taylor, 63 Pa. 481; Middleswarth v. Blackmore, 74 Pa. 414. At common *58law, in the absence of words making a different intent apparent, the established interpretation of such expressions in a will is that they import a general indefinite failure of issue, and not a failure at the…
2Cases cited7 opinions
- Taylor v. TaylorSupreme Court of Pennsylvania · 1870
- Lapsley v. LapsleySupreme Court of Pennsylvania · 1848
- Langley v. HealdSupreme Court of Pennsylvania · 1844
- Middleswarth's Adm'r. v. BlackmoreSupreme Court of Pennsylvania · 1874
- Reinoehl v. ShirkSupreme Court of Pennsylvania · 1888
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- Parkhurst v. Harrower, Pennsylvania Court of Common Pleas, Tioga County1891
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- Barber v. Pittsburgh, Ft. W. & C. Ry. Co.U.S. Circuit Court for the District of Western Pennsylvania · 1895
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