Chappel v. Row
Supreme Court of Pennsylvania
In error from the Common Pleas of Union. Aug. 1. Ejectment. The defendant was the lessee of J. L. Chappel and wife, for their joint lives, rendering rent.
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In error from the Common Pleas of Union. Aug. 1. Ejectment. The defendant was the lessee of J. L. Chappel and wife, for their joint lives, rendering rent. The plaintiff had granted the lands to Merritt Chappel in fee, reserving “ to the use of his father and mother (the defendant’s lessors) the possession of the land during the lives of the said father and mother as a home or residence for them, and at the death of the father and mother of the said grantor, the possession then to' vest in the said Merritt Chappel, the present grantee.” The court said the plaintiff could recover.
1Opinion of the CourtRogers, J.
The reservations in the deed operate by way of limitation or condition subsequent, for by its terms the right of possession endures only while the father and mother of the grantor or grantee continue to reside on the premises. It was clearly the intention of the parties to the deed, to provide a comfortable home for their aged parents during their joint lives, provided they made the property a permanent home or residence. Analogous cases may be readily cited. Thus an estate to a man and his heirs, tenants of the manor of Dale, is an estate on condition that he and his heirs continue tenants…
2Cited by4 opinions
- Baldesberger v. BaldesbergerSupreme Court of Pennsylvania · 1954
- Cheroka v. TobolskiSuperior Court of Pennsylvania · 1942
- In Re: Estate of Culig, N. Appeal of: Culig, E.Superior Court of Pennsylvania · 2016
- Baldesberger v. BaldesbergerSupreme Court of Pennsylvania · 1954