Barber v. Pittsburgh, F. W. & C. Railway Company

This was a certificate from the circuit court of appeals for the Third circuit of questions on which it desired the instruction of this court, and, as originally made, was (omitting the words printed in brackets below) as follows:

'This was an action of ejectment, and comes before this court on a writ of error to the United States circuit court for the Western district of Pennsylvania, which entered judgment for the defendants.

'First. The parties to the action both claimed title to the land in controversy under the will of James S. Stevenson, deceased, dated March 11, 1831, which is in the words following, to wit:

"I, James S. Stevenson, of the city of Pittsburg, in the state of Pennsylvania, aged fifty years, on the 12th day of January, 1831, reflecting on the certainty of death, and desirous of making a distribution of my property in the event of my decease, do hereby declare this writing to be my last will and testament, made this twelfth day of March, in the year of our Lord one thousand eight hundred and thirty-one.

"I give and bequeath to Amanda Stephens, daughter of Margaret Stephens, lots 67, 68, 69, and 70, in the city of Pittsburg, in their full extent, bounded by Penn street, Wayne street, the Allegheny river, and by lot 71. Said Amanda Stephens is now five years old (born April 7, 1826). _____ Stephens and _____, his wife, the parents of Amanda's mother, live near Connellsville, in Fayette county, Pennsylvania.

"In the event of Amanda dying unmarried, or, if married, dying without offspring by her husband, then these lots are to be sold, and the proceeds to be divided equally among the heirs of John Barber, of Columbia, Penna.

"I give and bequeath to John Barber, of Columbia, and to his heirs, the lots in the city of Pittsburg numbered 71 and 72, bounded by Penn street, by lot 70, by the Allegheny river, and by lot 73.

"I give and bequeath to Mary Livingston's children the lot 74 in the city of Pittsburg. And to her unmarried sister, Eliza Stevenson, I give and bequeath the lot 73 in the city of Pittsburg, and, in the event of her death, the lot to go to her sister's children. Mary Livingston and Eliza Stevenson are daughters of the late Colonel S. Stevenson, son of Robert Stevenson, of York county, Pa.

"I give and bequeath to the sons of James Stevenson, formerly of York county, but who died in Lycoming county in 1810 or 1811, the brick and other buildings, with the ground on which they are erected, situated at the corner of Wood and Fifth streets, Pittsburg. These sons are Stephen, Manning, Reuben, Samuel, and I. Stephenson.

"All the remainder of my property to be sold, and, after paying my debts, to be divided into sixteen shares, and to be disposed of as follows: To Amanda Stephens, one share; to Mary Livingston, one share; to Eliza Stevenson, one share; to Stephen Stevenson, within named, one share; to James Wright, of Columbia, or his heirs, two shares; to John Barber, of Columbia, two shares; to Ann Elliott, formerly Ann West, now wife of Rev. Mr. Elliott, of Washington county, one share; to Jane E. Thecker, niece of the late Rev. Mr. Kerr, one-sixteenth (or one share); to the heirs of John Barber, of Columbia, two shares; to the heirs of James Wright, of Columbia, two shares; to Charles Avery, J. M. Snowden, and John Thaw, to be divided equally, two shares.

"I hereby constitute and appoint the said Chares Avery, J. M. Snowden, and John Thaw, and John Barber the executors of this my will.