Anthracite Savings Bank v. Lees
Supreme Court of Pennsylvania
Appeal, No. 290, Jan. T., 1896, by defendants, from judgment of C. P. Luzerne Co., No. 267, Feb. T., 1896, in favor of plaintiffs for want of a sufficient affidavit of defense. Assumpsit for purchase money of real estate.
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Appeal, No. 290, Jan. T., 1896, by defendants, from judgment of C. P. Luzerne Co., No. 267, Feb. T., 1896, in favor of plaintiffs for want of a sufficient affidavit of defense. Assumpsit for purchase money of real estate. By the plaintiffs’ statement it appeared as follows: The claim of plaintiffs is the first installment of purchase money, with interest due thereon, upon a contract, and by virtue of proceedings in the orphans’ court of said county for the sale of certain real estate in the township of Plymouth, Luzerne county, Pennsylvania. The land contracted to be sold to the purchasers…
1Opinion of the Court
Opinion by
Mr. Justice Green,
It is very clear that under the devise contained in the will of Philip Keller, his two sons took a life estate in the land in question as tenants in common, each for the one undivided half of the land, with remainder in fee to the children of each for the share of the parent. It is equally clear that the interest of the children was a vested estate in remainder from the time that children were born. At the time of the death of the testator neither of his sons had any children, and at that time the remainder was certainly a contingent remainder depending on the…
2Cases cited1 opinion
- Fetrow's EstateSupreme Court of Pennsylvania · 1868
3Cited by13 opinions
- Archer v. JacobsSupreme Court of Iowa · 1904
- Westcott v. MeekerSupreme Court of Iowa · 1909
- Bache's EstateSupreme Court of Pennsylvania · 1914
- Edwards's EstateSupreme Court of Pennsylvania · 1916
- Edwards EstateSupreme Court of Pennsylvania · 1948
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