Legal Opinion

Caslow v. Strausbaugh

Supreme Court of Pennsylvania

Decided July 6, 1911No. Appeal, No. 129PublishedCited by 1 opinion

Appeal, No. 129, Jan. T., 1911, by defendant, from judgment of C. P. York Co., April T., 1911, No. 127, for plaintiff on case stated in suit of Jacob Caslow and Malinda Berthold, Executor and Executrix of Margaret Caslow, Deceased, v. Isaac Strausbaugh. Case stated to determine marketable title to real estate. Before Bittenger, P. J. From the case stated it appeared that Samuel Caslow, husband of Margaret Caslow, died on March 11, 1888, seized in fee of the land in question.

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Appeal, No. 129, Jan. T., 1911, by defendant, from judgment of C. P. York Co., April T., 1911, No. 127, for plaintiff on case stated in suit of Jacob Caslow and Malinda Berthold, Executor and Executrix of Margaret Caslow, Deceased, v. Isaac Strausbaugh. Case stated to determine marketable title to real estate. Before Bittenger, P. J. From the case stated it appeared that Samuel Caslow, husband of Margaret Caslow, died on March 11, 1888, seized in fee of the land in question. By his will he gave his real and personal property to his wife. The material portion of the will is quoted in the…

1Opinion of the Court

Per Curiam,

The question presented by this appeal is whether the widow of. the testator took a fee under the following clause of his will: “And lastly, I give and bequeath unto my beloved wife Margaret all real estate, and all personal property of whatever kind and nature they may be to have and to hold or sell and convey the same at her own will and accord and to pass titals'for the same and have the us of the proceeds thereof during her natural life. And further I do appoint my son Jacob T. Caslow as agent for my wife to act in her place and under her instructions, *71as he may be requested by…

2Cases cited2 opinions

  1. Witmer v. DeloneSupreme Court of Pennsylvania · 1909
  2. Snyder v. Baer, Pennsylvania Court of Common Pleas, York County1891

3Cited by1 opinion

  1. Eberle v. WoodSupreme Court of Pennsylvania · 1931

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