Legal Opinion

Smith's Estate

Supreme Court of Pennsylvania

Decided January 4, 1904No. Appeal, No. 125Published

Appeal, No. 125, Oct. T., 1903, by-Anna H. Lyon et al., from decree of O. C. Allegheny County, June T., 1903, No. 413, ordering sale of real estate under the Price Act in estate of Martha McD. Smith. Petition for sale of real estate under Price Act. From the record it appeared that the real estate in question was situated at the comer of Sixth street and Liberty avenue in the city of Pittsburg.

Read the full summary

Appeal, No. 125, Oct. T., 1903, by-Anna H. Lyon et al., from decree of O. C. Allegheny County, June T., 1903, No. 413, ordering sale of real estate under the Price Act in estate of Martha McD. Smith. Petition for sale of real estate under Price Act. From the record it appeared that the real estate in question was situated at the comer of Sixth street and Liberty avenue in the city of Pittsburg. The petition averred that Henry W. Oliver had offered to purchase the said property for the sum of $1,000,000. The interests of the parties and the circumstances connected with the financial condition…

1Opinion of the Court

Opinion by

Mb. Justice Mestbezat,

Martha McD. Smith died testate in 1880, leaving to survive her three sons and two daughters. By partition proceedings under her will, her three sons became seized of certain real estate for life with remainder to the children or grandchildren of each, per stirpes, in fee, subject to a life estate given the widow, if any; with a provision that if any son should die leaving no issue, his share should go to his surviving brothers and sisters for life with like remainders. One son died in 1893 without issue, and his share became vested in his two brothers and his…

2Cases cited4 opinions

  1. Ervine's AppealSupreme Court of Pennsylvania · 1851
  2. Anthracite Savings Bank v. LeesSupreme Court of Pennsylvania · 1896
  3. Grenawalt's AppealSupreme Court of Pennsylvania · 1860
  4. Estate of FreemanSupreme Court of Pennsylvania · 1897

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API