Weaver v. Oberholtzer

Citations

• 31 Pa. Super. 425
• 1906 Pa. Super. LEXIS 232

Syllabus

<p>Adverse possession — Tenant for life — Evidence—Witness—Party dead.</p> <p>Where a widow takes a life estate in land formerly belonging to her husband, as an heir at law of her minor son, and rents the land to a person to whom she subsequently attempted to leave it by will, and it appears that neither the widow nor her tenant and devisee ever set up any hostile claim to the fee in the land during the lifetime of the widow, an ejectment may be successfully maintained fifteen years after the death of the widow by a descendant of a brother of the widow’s husband for an undivided interest in the land. In such a case the fact that the widow had made her will more than twenty years before the death devising the land to her tenant, and that this fact was well known in the neighborhood, is immaterial as affecting the plaintiff’s right.</p> <p>In the above .case one of the defendants who claimed under the tenant is an incompetent witness as to matters occurring in the lifetime of a brother of the widow’s husband through whom the plaintiff claimed title.</p>