Jones v. McKee
Supreme Court of Pennsylvania
Error to the District Court of Allegheny county. September 16. This was an action of ejectment, brought by the plaintiff in error to recover from the defendants in error the undivided moiety of a„tract of land, containing- about one hundred and seventy acres, situated on the waters of Chartier’s creek, in Alle: gheny county. • - The facts of the .case, necessary to elucidate the points decided •here, are fully stated in the opinion of the court.
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Error to the District Court of Allegheny county. September 16. This was an action of ejectment, brought by the plaintiff in error to recover from the defendants in error the undivided moiety of a„tract of land, containing- about one hundred and seventy acres, situated on the waters of Chartier’s creek, in Alle: gheny county. • - The facts of the .case, necessary to elucidate the points decided •here, are fully stated in the opinion of the court. On the trial, in the court below, the plaintiff proposed to ask a witness the following question, viz.: “Whether the intention of Mrs. Jones, the…
1Opinion of the CourtBurnside, J.
This was an ejectment brought for the undivided moiety of a tract of one hundred and seventy .acres of land, on Chartier’s creek. The plaintiff gave in evidence the will of Rachel Jones, dated the 31st of August, 1823, who was admitted to have been the mother of the plaintiff, and of Ellen McKee, who was defendant with her husband, and that Rachel died seised of the premises in question.
“ I will and devise the tract of land whereon I now live, (being the same sought to be recovered in this case,) to my son Ephraim, and my daughter Nelly, to be equally divided between them, to hold *498to them and…
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