Legal Opinion

Cooper v. Pogue

Supreme Court of Pennsylvania

Decided January 5, 1880PublishedCited by 16 opinions

Error to the Court of Common Pleas of Washington county: Of October and November Term 1879, No. 256. Ejectment by George Pogue and others against Robert P. Cooper, for a tract of 200 acres of land in Jefferson township, Washington county.

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Error to the Court of Common Pleas of Washington county: Of October and November Term 1879, No. 256. Ejectment by George Pogue and others against Robert P. Cooper, for a tract of 200 acres of land in Jefferson township, Washington county. Robert Pogue, through whom both parties claimed title, died in 1860, leaving a will which contained, inter alia, the following clause: “ To my beloved wife, Sarah Pogue (so long as she remains my widow) I give all the income of the home farm, on which I now live, containing two hundred acres, more or less, with all the tenements and appurtenances belonging…

1Opinion of the CourtJustice Mercur

This contention arises under a clause in the last will and testament of Robert Pogue. It is this: “ to my beloved wife, Sarah Pogue (so long as she remains my widow), I give all the income of the home farm, on which I now live, containing two *257hundred acres more or less, with all the tenements and appurtenances belonging thereto, together with all the products arising therefrom, also the mansion house in which I live, together with all belonging to it, and all that is in it, or about it, I give to my beloved wife, Sarah Pogue, the same to be hers and to belong to her for ever.”

The question is,…

2Cases cited2 opinions

  1. Bennett v. RobinsonSupreme Court of Pennsylvania · 1840
  2. Rodgers v. RodgersSupreme Court of Pennsylvania · 1838

3Cited by16 opinions

  1. Redding v. RiceSupreme Court of Pennsylvania · 1895
  2. Burpee EstateSupreme Court of Pennsylvania · 1951
  3. Fidelity Trust Co. v. BobloskiSupreme Court of Pennsylvania · 1910
  4. Maddox v. YoeCourt of Appeals of Maryland · 1913
  5. Scott v. MurraySupreme Court of Pennsylvania · 1907

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