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4 Pennyp. 94

McAfee v. Magee

Supreme Court of Pennsylvania

Decided October 27, 1884

Supreme Court of Pennsylvania · decided 1884-10-27

1, of Allegheny County. Ejectment by Sarak Magee against Patrick McAfee to recover a lot of ground with a house erected thereon, situated in the city of Pittsburgh. The following facts appeared at the trial, October 19, 1883, before Collier, J.: Both plaintiff and defendant claimed title through the will of John Magee.

Decided 1884-10-27

Per Curiam :

¶1This contention arises under a clause in a will in which the testator devised to his wife “the house in which I reside, corner of High street and an alley, with the lot whereon it stands and appurtenant to it.” The evidence as to location of the lot described, and the testator’s residence was fairly submitted to the jury. They found from the acts of the testator and the surrounding circumstances, that the two buildings were treated and recognized by him as one. It follows they constituted the property which the testator devised to his wife.

¶2Judgment affirmed.

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