Rife v. Geyer
Supreme Court of Pennsylvania
Error to the District Court of Allegheny county: No. 100, to October and November Term 1868. This was a scire facias sur mortgage to July Term 1868, in which Stephen H. Geyer was plaintiff and Abraham Rife defendant. On the 6th of July a case stated, embodying the following facts, was filed.
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Error to the District Court of Allegheny county: No. 100, to October and November Term 1868. This was a scire facias sur mortgage to July Term 1868, in which Stephen H. Geyer was plaintiff and Abraham Rife defendant. On the 6th of July a case stated, embodying the following facts, was filed. Jacob Geyer being the owner of the land covered by the mortgage in controversy, died January 18th 1860, having made his will, by which, amongst other things, he provided as follows, viz.:— “ I give, &e., to William Baxter, his heirs and assigns, the one equal eighth part of all my property and estate,…
1Opinion of the Court
The opinion of the court was delivered, January 5th 1869, by
Sharswood, J.
If, under the will of Jacob Geyer, the estate of his son Stephen H. Geyer was an equitable estate for life only, the legal estate being in William Baxter, the trustee, and if the remainder devised to his heirs and legal representatives, their heirs and assigns for ever, was an executed legal estate, or would become such upon its vesting upon the death of Stephen H. Geyer, then the rule in Shelley’s Case does not apply: Fearne on Rem. 52; Kay v. Scates, 1 Wright 35; Bacon’s Appeal, 7 P. F. Smith 504.
By the will in…
2Cases cited8 opinions
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