Rupp v. Stevens

Opinion by

Mr. Justice Schaefer,

In this action of ejectment, judgment was entered on the pleadings by the court below in favor of plaintiffs, who are the heirs-at-law of Henry M. Rupp, against defendants, who are devisees of his widow, Catharine Rupp; the latter appeal.

The heirs-at-law assert that under the will of Henry M. Rupp the widow took but a life estate; the appellants claiming, through her, that she became vested with a defeasible fee, — absolute if she did not remarry; and she did not.

The whole case turns on the construction of a single paragraph of the will. To us its meaning seems…