Schuldt v. Herbine
Superior Court of Pennsylvania
Appeal, No. 150, Nov. T., 1896, by-defendant, for judgment of C. P. Berks Co., Aug. T., 1896, No. 47, in favor of plaintiff on case stated. Case stated to determine title to land.
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Appeal, No. 150, Nov. T., 1896, by-defendant, for judgment of C. P. Berks Co., Aug. T., 1896, No. 47, in favor of plaintiff on case stated. Case stated to determine title to land. Edward Schuldt, by articles of agreement between himself and Thomas Herbine, executed on June 1,1893, agreed to sell and convey by deed to Thomas Herbine the premises No. 8151-Cherry street in the city of Reading for the consideration of $1,000. On June 26, a deed sufficient in form was executed and acknowledged by Schuldt and wife and duly tendered to Herbine, who admitted that the deed was sufficient in form but…
1Opinion of the Court
OPINION OF THE COURT BELOW.
Ermentrout, P. J.
The case stated presents for decision but one question, “ Did the testator devise to his son, Edward Schuldt, a life estate or a fee simple ? ” The first portion of the second item, “ I give and bequeath, to my son, Edward Schuldt, the income of the following described properties, namely, 816 Penn Street, 919, 915, 921 Franklin Street, and 815½ Cherry Street, Reading, Pa.,” if standing alone, undoubtedly would pass the fee. It is well settled that a devise of the rents and profits or of the income passes the land itself: Drusadow v. Wilde, 63 Pa.…
2Cases cited4 opinions
- Miller's AppealSupreme Court of Pennsylvania · 1886
- Roland v. MillerSupreme Court of Pennsylvania · 1882
- Drusadow v. WildeSupreme Court of Pennsylvania · 1870
- Kiefel v. KepplerSupreme Court of Pennsylvania · 1896
3Cited by3 opinions
- Schuldt v. Reading Trust Co.Supreme Court of Pennsylvania · 1921
- Mifflin's EstateSupreme Court of Pennsylvania · 1911
- Gibbons' EstatePennsylvania Orphans' Court, Philadelphia County · 1934