Mellon v. Reed
Supreme Court of Pennsylvania
ERROR TO THE COURT OF COMMON PLEAS NO. 2 OF ALLEGHENY COUNTY. No. 57 October Term 1888, Sup. Ct.; court below, No. 486 October Term 1884, C. P. No. 2. On October 1, 1884, an action of ejectment was brought by Iolia M. Reed and Lavina B. Reed, by their guardian, Michael Dewalt, against Thomas Mellon and W. L. Scott, to recover the undivided one third part of fifty acres of land in Elizabeth township.
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ERROR TO THE COURT OF COMMON PLEAS NO. 2 OF ALLEGHENY COUNTY. No. 57 October Term 1888, Sup. Ct.; court below, No. 486 October Term 1884, C. P. No. 2. On October 1, 1884, an action of ejectment was brought by Iolia M. Reed and Lavina B. Reed, by their guardian, Michael Dewalt, against Thomas Mellon and W. L. Scott, to recover the undivided one third part of fifty acres of land in Elizabeth township. The defendants’ abstract filed, admitted title in the plaintiffs to the undivided one third of the surface of the land in dispute, and to the undivided one ninth of the coal underlying the same,…
1Opinion of the Court
OPINION,
Mr. Justice Clabk :
The first question which arises in this case is whether or not, by the terms of the will of Llewellyn Howell, Sr., deceased, there was an equitable conversion of the realty into personalty.
The use of the land was devised to his wife, Mary, until his son James should arrive at the age of twenty-one years; “ at which time,” in the words of the will, “the place to be sold by my executors, and the two thirds of the proceeds to be equally divided to and amongst my heirs, and the one third to be at interest for the use of my said wife; ” “ but,” says the testator, “ if in…
2Cases cited5 opinions
- McClure's AppealSupreme Court of Pennsylvania · 1873
- Hunt's AppealsSupreme Court of Pennsylvania · 1884
- Bailey v. Allegheny National BankSupreme Court of Pennsylvania · 1883
- Stoner v. ZimmermanSupreme Court of Pennsylvania · 1853
- Horner's AppealSupreme Court of Pennsylvania · 1868
3Cited by10 opinions
- Davidson, Exrx. v. BrightSupreme Court of Pennsylvania · 1920
- Beaver v. RossSupreme Court of Iowa · 1908
- Cooper's EstateSupreme Court of Pennsylvania · 1903
- Lincoln v. WakefieldSupreme Court of Pennsylvania · 1912
- Henderson v. Henderson, Pennsylvania Court of Common Pleas, Delaware County1890
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