Legal Opinion

Little v. Wilcox

Supreme Court of Pennsylvania

Decided March 26, 1888No. 332PublishedCited by 16 opinions

ERROR TO THE COURT OF COMMON PLEAS OF BRADFORD COUNTY. No. 332 January Term 1888, Sup. Ct.; court below, No. 406 December Term 1887, C. P. On May 9,1887, in an amicable action of ejectment by William Little, committee of - Harriet Wilcox, a lunatic, against P. D. Wilcox, H. D. Wilcox and F. L. Wilcox, to recover an undivided one fourth interest in a tract of 240 acres, more or less, in Albany township, the following were the facts admitted by an agreement in the nature of a…

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ERROR TO THE COURT OF COMMON PLEAS OF BRADFORD COUNTY. No. 332 January Term 1888, Sup. Ct.; court below, No. 406 December Term 1887, C. P. On May 9,1887, in an amicable action of ejectment by William Little, committee of - Harriet Wilcox, a lunatic, against P. D. Wilcox, H. D. Wilcox and F. L. Wilcox, to recover an undivided one fourth interest in a tract of 240 acres, more or less, in Albany township, the following were the facts admitted by an agreement in the nature of a case stated : Rollin Wilcox was the son, an only child, of Sheffield Wilcox, and in 1856 all his property had been sold…

1Opinion of the Court

Opinion,

Mr. Justice Sterrett :

The controlling question is, whether upon the facts recited in the case stated, Rollin Wilcox died seized in fee of the land in controversy. If he did, the title thereto passed by his will in 1865 to his three sons, defendants in this ease, and judgment was rightly entered in their favor. On the other hand, if the declaration of trust embodied in the agreement of April 27, 1861, between Rollin Wilcox and his father, gave the former merely an equitable life estate on condition, he had no interest in the land on which the will could operate, and hence, upon his…

2Cases cited4 opinions

  1. Dodson v. BallSupreme Court of Pennsylvania · 1869
  2. Rife v. GeyerSupreme Court of Pennsylvania · 1868
  3. Bacon's AppealSupreme Court of Pennsylvania · 1868
  4. Steacy v. RiceSupreme Court of Pennsylvania · 1856

3Cited by16 opinions

  1. C. I. T. Corporation v. FlintSupreme Court of Pennsylvania · 1939
  2. Brennan v. Shore Brothers, Inc.Supreme Court of Pennsylvania · 1955
  3. Stewart's EstateSupreme Court of Pennsylvania · 1916
  4. Carson v. FuhsSupreme Court of Pennsylvania · 1890
  5. Hurd's EstateSupreme Court of Pennsylvania · 1931

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