Legal Opinion

Fassitt v. Seip

Supreme Court of Pennsylvania

Decided April 21, 1913No. Appeals, Nos. 6, 7 and 8PublishedCited by 26 opinions

Appeals, Nos. 6, 7 and 8, Jan. T., 1913, by defendant, from judgments of C. P. Northampton Co., June T., 1912, Nos. 1,2 and 3, in favor of plaintiff in case of T. Campbell Fassitt, G-uardian of Clarissa M. Yeile, a minor, v. Belle R. Seip, and Belle R. Seip, trustee under the alleged will of Theresa Yeile, deceased, tried without a jury. Ejectment for undivided half of certain premises. Before Stewart, J., without a jury, by agreement of counsel.

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Appeals, Nos. 6, 7 and 8, Jan. T., 1913, by defendant, from judgments of C. P. Northampton Co., June T., 1912, Nos. 1,2 and 3, in favor of plaintiff in case of T. Campbell Fassitt, G-uardian of Clarissa M. Yeile, a minor, v. Belle R. Seip, and Belle R. Seip, trustee under the alleged will of Theresa Yeile, deceased, tried without a jury. Ejectment for undivided half of certain premises. Before Stewart, J., without a jury, by agreement of counsel. From the record it appeared that Xavier Veile died February 25, 1890, leaving a will, the material parts of which are quoted in the opinion of the…

1Opinion of the Court

Opinion by

Mr. Justice Elkin,

The rights of the parties to this controversy depend upon the construction to be given the will of Xavier Veile. The fourth clause of this will provides as follows : “All the residue and remainder of My Estate, Real, personal and mixed of whatever Kind, and wheresoever Situate or being, Not Otherwise herein, or hereby disposed of, I give, devise, and bequeath Unto my said wife Theresa, to have Use, and enjoy the Same, in like manner as I myself Could do if living,” In the fifth clause which immediately follows the testator provides: “Whatever of my Said estate,…

2Cases cited5 opinions

  1. Estate of TysonSupreme Court of Pennsylvania · 1899
  2. Allen v. HirlingerSupreme Court of Pennsylvania · 1907
  3. Kennedy v. Pittsburg & Lake Erie RailroadSupreme Court of Pennsylvania · 1907
  4. Henninger v. HenningerSupreme Court of Pennsylvania · 1902
  5. Briggs v. CaldwellSupreme Court of Pennsylvania · 1912

3Cited by26 opinions

  1. Byrne's EstateSupreme Court of Pennsylvania · 1935
  2. Rumsey's EstateSupreme Court of Pennsylvania · 1926
  3. Stanton v. GuestSupreme Court of Pennsylvania · 1926
  4. Fassitt v. SeipSupreme Court of Pennsylvania · 1915
  5. Gramm EstateSupreme Court of Pennsylvania · 1966

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