McGunnigle v. McKee
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Allegheny county: Of October and November Term 1874, No. 107. This was an action of ejectment, brought to the September Term of the court helow, by Maria Louisa McGunnigle and John A. McKee against Nettie Adelia McKee, for a tract of land in Stowe township, on the south side of the Ohio river, containing about 400 acres.
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Error to the Court of Common Pleas of Allegheny county: Of October and November Term 1874, No. 107. This was an action of ejectment, brought to the September Term of the court helow, by Maria Louisa McGunnigle and John A. McKee against Nettie Adelia McKee, for a tract of land in Stowe township, on the south side of the Ohio river, containing about 400 acres. Both parties claimed under James McKee; he died in June 1834, having made his will dated January 31st 1834, which was. proved June 14th 1834. Two of the clauses in the will were the following :— “ I give and devise to my son Thomas McKee,…
1Opinion of the CourtJustice Mercur
The plaintiffs claim to recover the land in question, under the will of James McKee. The defendant claims both as heir and devisee of Thomas- McKee. Great research and ability were shown by the counsel in the preparation and argument of the case.
If the rights of the parties were to be determined by the will of James McKee alone (under which Thomas McKee held), unaffected by subsequent events, the case would not be free from difficulty. By that will, the testator gave to his son Thomas, the land in question, “ to have and to hold to him, his heirs and assigns,” “ provided, that if my son…
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