¶1The third clause of the will of Elizabeth Weister is as follows: “I give and bequeath to my sons John and Jacob H. all my real estate consisting of the farm near North Washington now occupied by J.' B. Carnahan. At the death of either son the surviving son is to become sole heir. And at the death of both sons, if either have any heir's, it is to be divided among the heirs, share and share alike.” The two sons designated by the testatrix as John and Jacob H. are W. J. and J. H. Weister, the appellees, both of whom are still living. The correct conclusion of the learned court below was that, under the first sentence of the quoted clause of their mother’s will, they took an absolute title to the farm, and this without regard to anything contained in the second and third sentences. The judgment in their favor on the case stated is accordingly affirmed.
265 Pa. 393
Weister v. Young
Decided October 22, 1919
Supreme Court of Pennsylvania · decided 1919-10-22
Appeal, No. 121, Oct. T., 1919, by defendant, from judgment of O. P. Westmoreland Co., Aug. T., 1918, No. 126, for plaintiff on case stated in case of W. J. Weister and J. H. Weister v. W. L. Young. Case stated to determine the marketable title to real estate.
Cited by 1 later decisions — most recently August 1943
1 state decisions
Good law ✅— No negative treatment on recordhow we know
Affirmed · Decided 1919-10-22
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