Hall v. Dean
Superior Court of Pennsylvania
Appeal, No. 32, March T., 1919, by plaintiffs, from judgment of C. P. Lackawanna County, October T., 1913, No. 793, in the case of Lephe Hall, Jessie Hall and Harriet Hall Shoemaker v. D. B. Hand and A. D. Dean. Framed issue in the nature of ejectment for land situate in the Borough of Waverly, Lackawanna County. Before Maxwell, P. J., 42d Judicial District, specially presiding. The opinion of the Superior Court states the case.
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Appeal, No. 32, March T., 1919, by plaintiffs, from judgment of C. P. Lackawanna County, October T., 1913, No. 793, in the case of Lephe Hall, Jessie Hall and Harriet Hall Shoemaker v. D. B. Hand and A. D. Dean. Framed issue in the nature of ejectment for land situate in the Borough of Waverly, Lackawanna County. Before Maxwell, P. J., 42d Judicial District, specially presiding. The opinion of the Superior Court states the case. The court entered a judgment in favor of plaintiffs and against the defendant for the land described in the plaintiff’s statement filed in the case, together with…
1Opinion of the Court
Opinion by
Williams, J.,
This is an action of ejectment involving the construction of a will. Plaintiffs and defendants each claim through George Clark, who died, testate, August 14,1858, *601leaving to survive him a widow, Huldah Clark, and one son, James R. Clark; at the time of his death he owned 111 acres of land, including within its bounds the land here in dispute.
George Clark’s will, so far as we need discuss it, is as follows: “Item: I give and bequeath unto my dear wife Huldah the use and occupation of a part of the home farm [then follows description including the land here in question]…
2Cases cited2 opinions
- Saxton v. MitchellSupreme Court of Pennsylvania · 1875
- Armstrong v. MichenerSupreme Court of Pennsylvania · 1894
3Cited by4 opinions
- Philadelphia v. Merchant & Evans Co.Supreme Court of Pennsylvania · 1929
- Fry v. StetsonSupreme Court of Pennsylvania · 1952
- Benchoff v. Paradise Mutual Insurance, Pennsylvania Court of Common Pleas, Adams County1958
- Fitzgerald v. FitzgeraldPennsylvania Orphans' Court, Bradford County · 1950