Davison's Appeal
Supreme Court of Pennsylvania
' Appeal from the Court of Common Pleas, No. 2, of Allegheny county: Of October and November Term 1880, No. 139. In Equity.
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' Appeal from the Court of Common Pleas, No. 2, of Allegheny county: Of October and November Term 1880, No. 139. In Equity. Thomas Chadwick died in March 1854, leaving a will, which, inter alia, contained the following provision :— “I do will that my wife, Jane Elizabeth Chadwick, receive one-third of the proceeds of my entire estate as long as she lives, and that the balance of my estate be equally divided between my four children, Mary Emma, James Madison, Caroline Catharine and Jane Elizabeth Chadwick, when they arrive at age, and it is my desire that the family all live together.” The…
1Opinion of the CourtJustice Sterrett
The learned master was clearly right in deciding that the will of Thomas Chadwick gave his widow, now Mrs. Stotler, one of the appellees, the same interest in the real estate of which he died seised, as she would have been entitled to under the intestate law. In the second paragraph of his will he directs that his widow shall receive one-third of the proceeds of his entire estate as long as she lives, and that the residue of his estate should be equally divided among his four children. If he had died intestate she would have taken, under the law, “ one-third part of the real estate for the…
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