Watson v. Smith
Supreme Court of Pennsylvania
Appeal, No. 161, Oct. T., 1904, by plaintiff, from judgment of C. P. Washington Co., Feb. T., 1903, No. 179, for defendants non obstante veredicto in case of James S. Watson et al. v. Albert J. Smith and Johnson C. Smith. Ejectment for land in Amwell Township.
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Appeal, No. 161, Oct. T., 1904, by plaintiff, from judgment of C. P. Washington Co., Feb. T., 1903, No. 179, for defendants non obstante veredicto in case of James S. Watson et al. v. Albert J. Smith and Johnson C. Smith. Ejectment for land in Amwell Township. Before Taylor, J. The jury returned the following special verdict: And now, November 27, 1903, the jury impaneled and sworn in this case do find for the plaintiffs for the land claimed in thé plaintiffs’ declaration, to wit: the undivided One half of the tract of land described in the writ (excepting thereout the underlying coal of the…
1Opinion of the Court
Opinion by
Mb. Justice Thompson,
The title to the land involved in this ejectment depends upon the construction of the will of James Smith, Sr., deceased. By his will, in the first paragraph, he devises his farm to his son, Johnson C. Smith (one of the appellees) his heirs and assigns, subject to the payment of his debts and certain legacies ; in the second he devises to his son all his personal estate; in the third he devises $1,000 to his son; in the fourth he devises $300 to Laura Day and, finally, he concludes it by the following: “It is my desire that the children of my daughter Sarah…
2Cases cited3 opinions
- In re Estate of KrebsSupreme Court of Pennsylvania · 1898
- Wilson v. McKeehanSupreme Court of Pennsylvania · 1867
- McFarland's AppealSupreme Court of Pennsylvania · 1860
3Cited by4 opinions
- Peters v. PetersSupreme Court of Pennsylvania · 1932
- Loughrey's EstateSupreme Court of Pennsylvania · 1915
- Martin's EstatePennsylvania Orphans' Court, Philadelphia County · 1947
- Timothy's EstatePennsylvania Orphans' Court, Philadelphia County · 1926