Todd v. Armstrong
Supreme Court of Pennsylvania
Appeal, No. 201, Oct. T., 1905, by plaintiff, from judgment of C. P. No. 3, Allegheny Co., Nov. T., 1905, No. 295, for defendant on case stated in suit of James Walker Todd v. John H. Armstrong. Case stated to determine the marketable title to real estate. The facts are set forth in the opinion of the Supreme Court. Error assigned was in entering judgment for defendant.
1Opinion of the Court
Opinion by
Mr. Justice Elkin,
The affirmance or reversal of the judgment entered in the court below depends upon the decision of the question whether the appellant took a fee simple estate under the will of his wife, or only a life estate under the will of William Jackson, deceased. The title to the property in question was originally vested in the said William Jackson, deceased, who by his will dated August 17, 1864, devised it to his daughter, Agnes Jackson, subject to certain conditions and contingencies therein set out. It is provided in the fourth paragraph of the will as follows:
“I direct…
2Cases cited1 opinion
- Beckley v. RiegertSupreme Court of Pennsylvania · 1905
3Cited by1 opinion
- Cole's EstatePennsylvania Orphans' Court, Centre County · 1930