Urich v. Merkel
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Berks county: Of January Term 1876. This was an amicable action of assumpsit between Matilda Urich, late Staudt, and Samuel Merkel, commenced February 3d 1873, in which the following facts were agreed to by the parties in a case stated:— “ Jacob Staudt, late of Bern township, Berks county, by his will dated on the 23d day of December 1853, and proved on the 3d day of January 1854, devised as follows:— “ £Item.
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Error to the Court of Common Pleas of Berks county: Of January Term 1876. This was an amicable action of assumpsit between Matilda Urich, late Staudt, and Samuel Merkel, commenced February 3d 1873, in which the following facts were agreed to by the parties in a case stated:— “ Jacob Staudt, late of Bern township, Berks county, by his will dated on the 23d day of December 1853, and proved on the 3d day of January 1854, devised as follows:— “ £Item. I give and bequeath unto my son, John Staudt, and to his heirs, all my large farm * * * containing three hundred acres, more or less, together with…
1Opinion of the Court
Judgment was entered in the Supreme Court,
2Per curiam
_ — The principal item in this will which devises to John Staudt a farm in Bern township, certainly would give to him a fee simple. But the intention of a testator when discovered by an examination of all parts of his will must govern. Therefore, when we come to the item defining the power of his children over the estates given to them, we discover plainly that he intended to confer a life estate only and not merely to restrict their power *336over a precedently-conferred fee simple. The power to devise given in the last item is certainly consistent with…
3Cited by12 opinions
- Byrne's EstateSupreme Court of Pennsylvania · 1935
- Pattin v. ScottSupreme Court of Pennsylvania · 1921
- Reiff v. PepoSupreme Court of Pennsylvania · 1927
- Smith v. PiperSupreme Court of Pennsylvania · 1911
- Stanton v. GuestSupreme Court of Pennsylvania · 1926
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