Pittsburg dispatch. [volume] (Pittsburg [Pa.]) 1880-1923, 1892-02-26
Filed to Secure Possession of
Some Valuable Wood
Street Property.
THE FIRST OF A SERIES
Which Will Claim Real Estate in
Various Parts of Pittsburg.
A POINT IN A FORGOTTEN WILL
Furnishes the Rasis Of Action, and There
Are Many Plaintiffs.
TIE STORY Is AN INTERESTING ONE

A law suit, interesting in itself, sensa-
tional in its possibilities and Immediately
involving very valuable property, was in
augurated yesterday. On the settlement of
this suit will depend the title to large
amount of real estate that is located mainly
in the Eleventh ward The suit filed yes
terday is test case and its outcome will be
eagerly awaited
The action is in ejectment, and was
brought by John, John W. Joseph NJ. Mary,
Elizabeth and Margaret Keating, John T.,
Samuel A. and Robert B. Cunningham and
Martha Morrow, against j. D. Thompson,
owner, and Wallace & MeAfee tenants.
The suit was brought to recover piece of
ground fronting 121S feet on the southeast
side of Wood street and extending 130 feet,
diagonally from Wood street to Church al
lev. 1t Is the half of lot on which is
erecteda four-story building and the plain
tiffs claim the title to it. 80,
Surprise to the Defendant.
John D. Thompson, who is most directly
interested, WAS seen at his residence on
Union avenue, Allegheny, last night, by
DISPATCH reporter, and said that the suit
was news to him
"Just wait moment" said Mr.. Thomp-
son, 'and will get the deeds, )" and he pro-
duced Il large bundle of papers. "Here
they are" he exclaime !, holding up two
deeds for the lot mention I'd. One was from
Robert McAdams and his wife Rebecca
conveying 1211l feet to John D. Thompson
and the other from Robert A. Cunningham
and his wife Martha for the other 12h
feet. The deeds were executed on April 5,
1870, and the price paid was $4,000
'There was ground rent also that ex-
tended over . period of years." said Mr..
Thompson, 'but paid that in full to John
Breckenridge Here is the receipt. can't
for the life of me see on what ground they
have entered the suit, and would be glad
myself to get any information on the sub
ject."
But Drop In the Bucket
A visit was then paid TO John 7. Cum
ningham, at 316 Federal street. When
asked if he was one of tie plaintiffs men
toned in the suit he answered in the affirm
ative but did not care to say much without
first consulting his attorney. Finally he
stated: '1t is long story, and this present
suit will be mere drop in the bucket, SO
to speak, in comparison to what will be
brought if we are successful in this one.
The point at issue is an old will, and it is
the settlement of the estate that has brought
up the matter. The substance of it is this:
"My grandfather's name was Heating, and
he resided in what is now the Eleventh
ward. The old homestead was torn down
when Webster avenue was opened, as it
stood directly on the line of the street He
was one of the early settlers OF Pitts6urg,
he died he left four children, John Keating,
who now resides in Vandalia, Ia, Joseph |
Keating, who died few years ago in this
city and whose heirs are associated with me
in the case. and reside in Penn
township, and two daughters, Rebecca |
and Martha. Rebecca married Robert |
she having married Robert A. Cunningham. |
Samuel A. and Robert B. Cunningham are |
my brothers and Martha Morrow is my sister. |
The point at issue is that when the original |
will dividing his estate equally among his |
four children. What the boys received was |
without any proviso whatever and in Zee
simple, but the girls portion had q clause I
that their share in the estate was for life |
only, in case either of them died without |
issue and the share of the one dying without |
issue should revert to the heirs OF the others. |
The Point of the Claim.
'On THIS point we DaSe our claim. he |
becca Keating married Robert McAdams |
and died few years ago without children,
and, according to the will, all of her share in |
her fathers estate goes to the children of
her brothers and sister. The lot in ques-
ton was sold jointly by Rebecca McAdams
and Martha Cunningham to John d. Thomp-
son. My aunt, Rebecca Nc A dams, could not |
give a deed, as she only had a life interest in
the estate under the provisions of the will
The sisters owned the lot Jointly, and each
one gave deed for 1215 feet, or 25 feet in ALL
and it is on the l21a feet sold by Rebecca Nc
Adams that the suit in ejeciment has been
entered merely as q test case.
"If successful in this one-well, 1
can't say how many suits will be brought, |
but this is q mere trif1e compared
with them. / have no doubt but what we
will succeed as other cases of a similar ma
ture have been so decided, and we believe
we are in the right. That little point in my
will is what the suit is based
on, and until we get decision one way or
the other don't think any other suits will
be fled"
From Mr.. Cunningbam's statement it is
svident that there is q large amount of prop
erty involved, especially in the Eleventh
ward and the lower city, and the outcome Of
the suit will be watched with interest.