Calhoun v. Cook
Supreme Court of Pennsylvania
In error from tbe Common Pleas of Westmoreland. In 1808, Cook devised “ unto my grandson, Edward Cook, the plantation on which his father lived, and $150, subject to his mother’s dower, or one-third during her natural life.”
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In error from tbe Common Pleas of Westmoreland. In 1808, Cook devised “ unto my grandson, Edward Cook, the plantation on which his father lived, and $150, subject to his mother’s dower, or one-third during her natural life.” The devisee was a child of an illegitimate son of the testator* and died in 1813. His mother, the devisee for life as to one-third, was then in the occupancy of the whole plantation, and continued such occupancy until her death, in 1845. During this period, she and her husband paid the taxes. It was proved that she entered, claiming to be heir of her son, and that she…
1Opinion of the CourtGibson, C. J.
The devise to Edward, the child of an illegitimate son of the testator, gave him an estate for life in two-thirds of the plantation occupied by his father, which was spent at his death, and the reversion of the fee descended from the testator to the plaintiff, his only legitimate child. The implied devise to the mother, gave her the other third for life; and, from the death of Edward, she and the plaintiff were tenants in common. Thenceforth till her death — a period of thirty-two years — she was in the exclusive perception of the profits; and whether adversely to the plaintiff’s title, is…
2Cases cited7 opinions
- Morris's Lessee v. VanderenSupreme Court of the United States · 1782
- Criswell v. AltemusSupreme Court of Pennsylvania · 1838
- Bolton v. HamiltonSupreme Court of Pennsylvania · 1841
- Buckholder v. SiglerSupreme Court of Pennsylvania · 1844
- Mehaffy v. DobbsSupreme Court of Pennsylvania · 1840
2 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Hover v. HillsSupreme Court of Pennsylvania · 1922
- Lessee of Gray v. M'CrearySupreme Court of Pennsylvania · 1808