Miller v. Sheaffer
Superior Court of Pennsylvania
Appeal, No. 64, Oct. T., 1920, by plaintiff, from judgment of C. P. Lancaster County, March. T. 1919, No. 51, directing a verdict for the defendant in the case of Millard G. Miller v. Peter F. Sheaffer, Sallie E. Sheaffer, Clara E. Bair, Albert N. Sheaffer, Edgar M. Sheaffer and Mary A. Usner. Ejectment for an undivided one-twelfth interest in a certain tract of land containing 105 acres and 146 perches in Earl Township, Lancaster County.
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Appeal, No. 64, Oct. T., 1920, by plaintiff, from judgment of C. P. Lancaster County, March. T. 1919, No. 51, directing a verdict for the defendant in the case of Millard G. Miller v. Peter F. Sheaffer, Sallie E. Sheaffer, Clara E. Bair, Albert N. Sheaffer, Edgar M. Sheaffer and Mary A. Usner. Ejectment for an undivided one-twelfth interest in a certain tract of land containing 105 acres and 146 perches in Earl Township, Lancaster County. Before Landis, P. J. The facts are stated in the opinion of the Superior Court. The court directed a verdict in favor of the defendants. Plaintiff appealed.…
1Opinion of the Court
Opinion by
Trexler, J.,
The plaintiff issued a summons in ejectment for the undivided one-twelfth interest in a tract of land of which Solomon Sheaffer died seized in fee. Sheaffer left a last will and testament in which he directed as follows: “I desire that my family, my wife and our children, may continue to live together in our present residence...... but as it cannot be expected that they will be willing to do so when and as they respectively grow up and arrive at full age, and as they shall be equal sharers of my estate, they are at liberty to direct my executors to sell and dispose of my…
2Cases cited2 opinions
- Hackett v. MilnorSupreme Court of Pennsylvania · 1893
- Livingood v. HeffnerSupreme Court of Pennsylvania · 1888
3Cited by2 opinions
- Brinkerhoff v. Martin, Pennsylvania Court of Common Pleas, Cumberland County1936
- Miller's EstatePennsylvania Orphans' Court, Montgomery County · 1931