Legal Opinion

Smith v. Tuit

Supreme Court of Pennsylvania

Decided June 28, 1889No. 374PublishedCited by 22 opinions

ERROR TO THE COHET OF COMMON PLEAS OF FAYETTE COUNTY. No. 374 January Term 1889, Sup. Ct.; court below, No. 137 June Term 1886, C. P. On April 5, 1886, Belford J. Tuit brought ejectment against Laura E. Smith for a certain house and lot in New Salem, Pa. The defendant pleaded, not guilty.

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ERROR TO THE COHET OF COMMON PLEAS OF FAYETTE COUNTY. No. 374 January Term 1889, Sup. Ct.; court below, No. 137 June Term 1886, C. P. On April 5, 1886, Belford J. Tuit brought ejectment against Laura E. Smith for a certain house and lot in New Salem, Pa. The defendant pleaded, not guilty. At the trial on October 8,1888, before Ewing, J., the plaintiff offered in evidence a deed to himself from Sarah Smith, under whom both parties claimed, dated August 29,1885, conveying the property in dispute, and rested. The defendant then offered in evidence the following paper: “ The last Will and…

1Opinion of the Court

Opinion,

Mr. Justice Green:

By the terms of the paper called the last will and testament of Sarah Smith she devises all her estate, real and personal, to Laura E. Smith, and expressly states that she does so for the kindness and care toward her in sickness and in health, “ and care during all my natural life.” She adds that it is her desire that Smith shall have possession of the house on November 1, 1884, and take her with him and take care of her as one of his own family. Without anything more and without possession of the property on the part of Smith and performance by him of the acts…

2Cases cited3 opinions

  1. Brinker v. BrinkerSupreme Court of Pennsylvania · 1847
  2. Johnson v. McCueSupreme Court of Pennsylvania · 1859
  3. McCue v. JohnstonSupreme Court of Pennsylvania · 1855

3Cited by22 opinions

  1. Cridge's EstateSupreme Court of Pennsylvania · 1927
  2. McGinley's EstateSupreme Court of Pennsylvania · 1917
  3. Liggins EstateSupreme Court of Pennsylvania · 1958
  4. Shroyer v. SmithSupreme Court of Pennsylvania · 1903
  5. Culhane's EstateSuperior Court of Pennsylvania · 1938

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