Kelley v. Kelley
Supreme Court of Pennsylvania
Appeal, No. 119, Jan. T., 1897, by plaintiffs, from judgment of C. P. Luzerne Co., Feb. T., 1893, No. 57, on verdict for defendant. Ejectment for a tract of land in Plymouth township. The case was tried by Woodward, P. J., without a jury, under the provisions of the act of April 22, 1874. Ezra Howard, the common source of title, died in 1862. Other facts appear by the opinion of the Supreme Court. The court entered judgment in favor of defendant.
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Appeal, No. 119, Jan. T., 1897, by plaintiffs, from judgment of C. P. Luzerne Co., Feb. T., 1893, No. 57, on verdict for defendant. Ejectment for a tract of land in Plymouth township. The case was tried by Woodward, P. J., without a jury, under the provisions of the act of April 22, 1874. Ezra Howard, the common source of title, died in 1862. Other facts appear by the opinion of the Supreme Court. The court entered judgment in favor of defendant. Exceptions to the court’s findings of fact and conclusion of law were dismissed. Errors assigned were in dismissing exceptions.
1Opinion of the Court
Opinion by
Mr. Justice Dean,
This issue is an ejectment for a farm or tract of land, known as the “ Gould Farm,” in Plymouth township, Luzerne county. It was part of the estate of Ezra Howard, who died in 1862, leaving to survive him a widow and two married daughters, and the children of a deceased daughter; one of the three, Harriet, was married to Thomas Kelley. When her father died, she had two sons living, one, Joseph B., when his grandfather made his will in 1859, was twelve years of age, the other, George M., nine.
Among other bequests in Ezra Howard’s will, is the following : “ I also…
2Cited by4 opinions
- Jackson v. GuntonSuperior Court of Pennsylvania · 1904
- Weller's EstateSupreme Court of Pennsylvania · 1915
- Menoher's EstateSuperior Court of Pennsylvania · 1901
- Gay EstatePennsylvania Orphans' Court, Philadelphia County · 1951