Asper v. Stewart
Supreme Court of Pennsylvania
Appeal, No. 48, Jan. T., 1914, by defendant, from judgment of C. P. Cumberland Co., Feb. T., 1914, No. 59, for plaintiff on case stated in case of Mary E. Asper v. George H. Stewart. Case stated to determine marketability of title.
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Appeal, No. 48, Jan. T., 1914, by defendant, from judgment of C. P. Cumberland Co., Feb. T., 1914, No. 59, for plaintiff on case stated in case of Mary E. Asper v. George H. Stewart. Case stated to determine marketability of title. Before Sadler, P. J. In addition to the facts stated in the opinion of the Supreme Court, it appeared that Mary E. Asper, the plaintiff, sold certain property in the Township of Hopewell to George H. Stewart, the defendant, for the sum of #6,000, and the plaintiff tendered a deed to the defendant, which the defendant refused to accept. Under the case stated, if the…
1Opinion of the Court
Opinion by
Mr. Justice Potter,
In the will of William C. McElwain he devised certain real estate in Cumberland County, to his daughter Mary, “and her children, heirs, executors, administrators and assigns, to her and their use and benefit forever, excepting thereof only the one-third of the income for the use of my widow during her lifetime as before mentioned.”
The question arising here is as to the quantity of the estate which passed under the words used. Was it an estate for life? Or was it an estate tail, enlarged to a fee simple? Had it not been for the insertion of the word “children,”…
2Cases cited2 opinions
- Hastings v. EngleSupreme Court of Pennsylvania · 1907
- Kirby's EstateSupreme Court of Pennsylvania · 1912
3Cited by2 opinions
- Johnson's EstatePennsylvania Orphans' Court, Crawford County · 1930
- Keeley v. Moon, Pennsylvania Court of Common Pleas, Bucks County1934