Duffey v. Presbyterian Congregation
Supreme Court of Pennsylvania
Error to the Common Pleas of Centre county. This was a feigned issue, directed by the court below, between the Presbyterian Congregation of Bellefonte, plaintiffs, and Jane C. Knox Duffey and Melissa Euphemia Duffey, residuary devisees of Jane O. Knox, deceased, in relation to a devise by Elizabeth Knox, deceased, to the said congregation.
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Error to the Common Pleas of Centre county. This was a feigned issue, directed by the court below, between the Presbyterian Congregation of Bellefonte, plaintiffs, and Jane C. Knox Duffey and Melissa Euphemia Duffey, residuary devisees of Jane O. Knox, deceased, in relation to a devise by Elizabeth Knox, deceased, to the said congregation. The devise was in these words :— “ Item 4. — I give and devise to the Presbyterian Church five hundred dollars, to be paid by the person who will administer on my estate, to the sessions of the Presbyterian Congregation of Bellefonte, and by them to be…
1Opinion of the Court
The opinion of the court was delivered, by
Agnew, J.
— The controversy in this case sprang up in the distribution of the proceeds of the sale of the real estate of Jane C. Knox. The defendants in error, who were plaintiffs below, in a feigned issue to ascertain the facts, claimed a legacy under the will of Elizabeth Knox, mother of Jane C. Knox, alleged to be charged upon the -real estate in question, and that Jane derived her title to this estate from her mother. The defendants below alleged that Jane’s title to this estate came to her from her *51father, and, consequently, that the estate was…
2Cases cited2 opinions
- Moore v. SmithSupreme Court of Pennsylvania · 1840
- Chew v. KeckSupreme Court of Pennsylvania · 1833
3Cited by3 opinions
- Delaware Land & Development Co. v. First & Central Presbyterian ChurchSupreme Court of Delaware · 1929
- Scott's EstateSupreme Court of Pennsylvania · 1930
- Scheid v. StorchSupreme Court of Pennsylvania · 1922