Pittsburg dispatch. [volume] (Pittsburg [Pa.]) 1880-1923, 1890-02-26
TITLES IN TROUBLE.
The Supreme Courts Decision That
Mrs. Mcconnell Cannot Sell,
A SERIOUS BAR TO IMPROVEMENT.
Some Lawyers as Well as Purchasers
Greatly Disguised by 1t.
NO DISPUTE AS 10 HER LIFE TENURE

The decision Of the Supreme Court in the
case Of Mcconnell vs.. Lindsay, referred to
yesterday, falls far from giving satistsc-
ton. Many lawyers contend that legal Sub
tleties are q necessity; that business could
not get along without them, but there are
some who, while admitting that diferentia-
ton must be allowed to run to a limit where
the line between gambling and legitimate
trade becomes as fine as that contemplated
by geometricians, yet express the hope that
some day eminent lawyers and judges in
the lower courts of this State and the
Judges of the Supreme Court may arrive at
some understanding that will take the pro-
fession of law at least partly out of the
realm Of games of chance. They are tired
Of decisions made by a mere majority ac-
companied BY dissenting opinions, and
would like to have the line between prece-
dent and common sense more clearly
marked. Here is q case in point:
A WILL AS TWAS INTENDED.
Before Mrs. Eveline Gross, widow of DR..
A. b. Gross, died, she made will which
was supposed to be so carefully drawn that
her intentions could not be misunderstood.
The main provisions are as follows:
executor to sell, mortgage or otherwise convey
and dispose of any real estate of which may
die seized, except the aforesaid homestead
property. for the payment OF debts, legacles
and the administration and settlement of my
estate, and purchasers from her shall not be
liable for or bound to look to the application Of
the purchase money which they may pay to her
upon said purchases or mortgage.
SEVENTH hereby beoueath and devise to my
said adopted daughter Matilda Gross McCOn-
nell ali the rest and residue of my estate. real
1gzAH r1w Gwad Sna EaG
simple, and including therein any and all lega-
cieS which NAV lapse by reason Of the decease
of any beneficiary or otherwise. And 1t is my
will that the said Matilda Gross Mcconnell
shall take and hold the property given to her
free from the control OF her present or future
husband and without any liability for any
band, but wholly for her own use and benefit
and subject to her own control
Under the provisions OF this will Mrs.Mc-
Connell has sold some 20 lots from the old
Winebiddle estate, out Penn avenue, and
there are some ], 600 or more plotted or in
tended to be and put on the market. All
went we'll until a man named Lindsey
wanted to buy lot, and his attorney, j. A.
Evans ESQ.,. refused TO pass the title, hold
ing that under the will Mrs. Mcconnell
only received the estate for her sole and
separate use, and had no power to make
title. To determine the matter q test suit
was arranged, and Judge Ewing heard the
argument and decided that Mrs. Mcconnell
had power to make title. He referred to the
married woman's act, and also held that the
words used in the will were too vague to
create trust; in other words, that she had
fee simple in the property, and could do
what she chose with it.
ENTIRELY UNEXPECTED.
Notwithstanding the explicit declarations
of the seventh section of the will above
quoted, the Supreme Court decides that
Mrs. Mcconnell received the property for
her sole and separate use, aud has no power
to make title to any one else, has merely
life estate in the property, or as some people
say: She has q fee simple which Is not fee
simple.
The mischief so far as sales have been
made does not seem to be as extensive as
some people imagine. The titles made as
executrix are supposed to De good, but that
question has not been adjudicated.
Nearly all the lots so far sold have
been by Mrs. Mcconnell in her ca
paclty as executrix, but here is q large |
property with many thousands of dollars
farm It and If Mrs Mcconnell can only
give life leases it isn't likely to be profit
able. There are complaints all the time
about the Schenley and other leases, as
standing in the way of the prosperity of che
city, but here is a woman who appears to be
tied up, with loss to both herself and the
public.
C. &. Yeager, ESQ, who is interested as
attorney in the decision, says he has no
opinion to give, as he was not at home when
the case was argued in the lower court. In
the case in which he is interested, Mrs Nc
Connel was acting as executrix.