Bender v. Bender
Supreme Court of Pennsylvania
Appeal, No. 201, Oct. T., 1909, by defendant, from judgment of C. P. No. 4, Allegheny Co., Third Term, 1907, No. 32, on verdict for plaintiff in case of Roybert Bender v. Lee Vernella Bender. Ejectment for land in the nineteenth ward of the city of Pittsburg.
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Appeal, No. 201, Oct. T., 1909, by defendant, from judgment of C. P. No. 4, Allegheny Co., Third Term, 1907, No. 32, on verdict for plaintiff in case of Roybert Bender v. Lee Vernella Bender. Ejectment for land in the nineteenth ward of the city of Pittsburg. Front the record it appeared that the will of Philip Bender was as follows: “ I the undersigned divide my property as follows: “ Should I die before my wife then all property shall go to my wife Catherine Bender nee Seibert, as long as she can and wants to administer it. After that it shall be divided as follows: “Lot No. 1 Beginning…
1Opinion of the Court
Opinion by
Mr. Justice Stewart,
The case turns on the devise contained in the will of Philip Bender made March 13, 1895, and probated November 25, 1896. Testator gave; first, to his wife a life estate in all his property. Then, following a description of the particular premises here in dispute, he directed as follows, “House and lot to go to Johannes Bender or his children.” Johannes was a son of the testator, and the plaintiff in the action below is a son of Johannes, by a first wife. Testator’s widow died in 1904, Johannes surviving. The latter died October 23, 1905. By his last will duly…
2Cases cited1 opinion
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