Legal Opinion

Smith's Assigned Estate

Superior Court of Pennsylvania

Decided October 24, 1901No. Appeal, No. 10Published

Appeal, No. 10, March T., 1901, by H. M. Fritz, from order of C. P. Franklin Co., dismissing exceptions to auditor’s report in the matter of A. L. Smith’s Assigned Estate. Exceptions to report of Charles Walter, Esq., auditor. From the record it appeared that on August 30,1890, Daniel Bonebrake and Rebecca, his wife, conveyed eighty-eight acres and seventy-four perches of land to A. L. Smith.

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Appeal, No. 10, March T., 1901, by H. M. Fritz, from order of C. P. Franklin Co., dismissing exceptions to auditor’s report in the matter of A. L. Smith’s Assigned Estate. Exceptions to report of Charles Walter, Esq., auditor. From the record it appeared that on August 30,1890, Daniel Bonebrake and Rebecca, his wife, conveyed eighty-eight acres and seventy-four perches of land to A. L. Smith. The habendum clause of the deed'contained the following reservation: “ Nevertheless the maintenance of Daniel Bonebrake, and Rebecca, his wife, during their natural life, is a part of the consideration…

1Opinion of the Court

Opinion by

Beaver, J.,

Daniel Bonebrake and Rebecca, his wife, in a deed conveying certain real estate to A. L. Smith, made the following reservation: “Nevertheless the maintenance of Daniel Bonebrake and Rebecca, his wife, during their natural life is a part of the consideration herein mentioned; therefore the title does not become clear of all incumbrances until at the death of the said Daniel Bonebrake and Rebecca, his wife.” At the time of the conveyance the property conveyed was subject to the lien of a mortgage and several judgments. Smith, the grantee, subsequently made an assignment for…

2Cases cited3 opinions

  1. Bonebrake v. SummersSuperior Court of Pennsylvania · 1898
  2. Devine's AppealSupreme Court of Pennsylvania · 1858
  3. Zeigler's AppealSupreme Court of Pennsylvania · 1860

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