Wilkinson v. Chambers
Supreme Court of Pennsylvania
Appeal, No. 34, Jan. T., 1897, by plaintiff, from judgment of C. P. Chester Co., for defendant, on case stated. Case stated in amicable action of ejectment.
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Appeal, No. 34, Jan. T., 1897, by plaintiff, from judgment of C. P. Chester Co., for defendant, on case stated. Case stated in amicable action of ejectment. Before Wad-dell, P. J. The case stated was as follows: It is hereby agreed by and between the attorneys for the parties to the above action respectively, that an amicable action in ejectment in the above form be entered in said court, and that the following facts be agreed upon as a case stated for the opinion of the court in the nature of a special verdict: That John P. Wilkinson died July 22, 1896, aged about seventy-eight years, seized…
1Opinion of the Court
Opinion by
Mr. Justice McCollum:,
Tlie decision, of the question raised by the case stated depends upon the interpretation or construction of the will of John P. Wilkinson, deceased. The question is whether under and by virtue of the will, his wife, Hannah A. Wilkinson, became at his death the owner in fee of the real estate in dispute. The plaintiff claims that the devise to her was of a life estate only, while the defendant as devisee of all her estate claims that it was of the fee. The devise in question is contained in item 2 of the will, and the operative words of it are: “ I give to my…
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