Hoxie v. Chamberlain
Supreme Court of Pennsylvania
Appeal, No. 36, Jan. T., 1910, by defendant, from judgment of C. P. Bradford Co., May T., 1909, No. 473, for plaintiff in case stated in suit of Mary T. Hoxie v. William Chamberlain. Case stated to determine marketable title to real estate. Before Cameron, P. J., specially presiding. From the case stated it appeared that the plaintiff, formerly Mary P. Thorpe, claimed title, as devisee in fee simple under the will of Otis J..
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Appeal, No. 36, Jan. T., 1910, by defendant, from judgment of C. P. Bradford Co., May T., 1909, No. 473, for plaintiff in case stated in suit of Mary T. Hoxie v. William Chamberlain. Case stated to determine marketable title to real estate. Before Cameron, P. J., specially presiding. From the case stated it appeared that the plaintiff, formerly Mary P. Thorpe, claimed title, as devisee in fee simple under the will of Otis J.. Chubbuck. . - The material portion of the will was as follows: “ 3. I give to Mary P. Thorpe, known as Mary P. Chubbuck, whom we have brought up, the same interest and…
1Opinion of the Court
Opinion by
Mr. Justice Potter,
The question here presented for consideration is as to the extent of the estate vested in the plaintiff by the will of Otis J. Chubbuck. In the third paragraph of his will-the testator gave to the plaintiff the same .estate whicli she would have taken as his only child and heir at law. It is clear that he intended to give her what amounted to an estate of inheritance. He went on to express a further intent by saying, *33“ Should the said Mary have no legal issxxe or heir of her own body at her death, the personal or real property she may die seized of by virtue of…
2Cases cited3 opinions
- Second Reformed Presbyterian Church v. DisbrowSupreme Court of Pennsylvania · 1866
- Witmer v. DeloneSupreme Court of Pennsylvania · 1909
- Brown's EstateSupreme Court of Pennsylvania · 1861
3Cited by1 opinion
- Cecil v. SmithSuperior Court of Pennsylvania · 1910