Forsythe v. Forsythe
Supreme Court of Pennsylvania
Error to the Court of Common Pleas No. 2 of Allegheny county: Of October and November Term, 1884, No. 216. •Ejectment, by William JForsy the, James Forsythe and Peter Forsythe against Margaret Forsythe, to recover possession of a certain house and lot in the city of Pittsburgh.
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Error to the Court of Common Pleas No. 2 of Allegheny county: Of October and November Term, 1884, No. 216. •Ejectment, by William JForsy the, James Forsythe and Peter Forsythe against Margaret Forsythe, to recover possession of a certain house and lot in the city of Pittsburgh. The case stated agreed upon by the parties was as follows : That Hugh Forsythe died seised of the premises in question, and left surviving him a widow, Mary Forsythe and the following children, William, James, Peter and John Forsythe, Nancy, since married to Samuel Coon, and Margaret Forsythe. William, James and Peter…
1Opinion of the CourtJustice Green
We think the interpretation given to the will in question in this case, by the learned court below, is correct. It is conceded that the intention of the testator must govern it if it can b’e discovered in the words employed. To us it seems clear, that Hugh Forsythe, the testator, intended to give to his widow a life estate in all his property, with a power of abso*132lute disposal in any manner she might think best. Disposal of what? The learned counsel for the plaintiffs in error say, the life estate. But the words of the will say,: “ with power to dispose of the 'same,'” and the anteóédent of…
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