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GIBSON v. MCBURNEY (04/18/60)

April 18, 1960

GIBSON
v.
MCBURNEY, APPELLANT.



Appeals, Nos. 82, 116, 117, 118 and 119, March T., 1960, from decree of Court of Common Pleas of Mercer County, June T., 1955, No. 180, in case of Harlan L. Gibson et al. v. Alta Louise G. McBurney et al. Decree affirmed.

COUNSEL

Gilbert E. Long, with him Michael Halliday, for appellants.

William J. Joyce, with him Martin E. Cusick, and Wiesen, Cusick, Madden, Joyce, Acker and McKay, for appellees.

Before Jones, C.j., Musmanno, Jones, Cohen, Bok and Eagen, JJ.

Author: Bok

[ 399 Pa. Page 196]

OPINION BY MR. JUSTICE BOK.

This is an action to quiet title.

James A. Gibson died on March 13, 1939, leaving a son, Harlan, and several children of a deceased son. He also left three tracts of farm land, of 99, 74, and 42 acres. The 42 acres were unimproved; the 74 had a house and cottages; the 99 had the homestead and a smaller house, with its curtilage of half an acre, which is the thing in dispute and the subject of Paragraph Fourth of the decedent's will.

Four paragraphs of the will bear on the problem before us:

"Second. I give and bequeath to my son Harlan L. Gibson all my personal property whatsoever it may be in order for Harlan L. Gibson to receive this personal property Harlan L. Gibson is to take care of and support the children of Morris Gibson, deceased, who are now living with me for a period of four (4) years after my death. I request that the children of Morris Gibson obey the orders of Harlan L. Gibson.

"Third. I will and direct that my son, Harlan L. Gibson remain in the house where he now lives or resides and the children of Morris Gibson deceased are

[ 399 Pa. Page 197]

    to remain in the house where I now live for a period of four ...


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