Chamberlain v. Maynes
Supreme Court of Pennsylvania
Appeal, No. 391, Jan. Term, 1897, by defendant, from judgment of C. P. No. 4, Pbila. Co., Sept. Term, 1894, No. 728, on verdict for plaintiffs. Ejectment for a lot' of land, 610 South street, in the city of Philadelphia.
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Appeal, No. 391, Jan. Term, 1897, by defendant, from judgment of C. P. No. 4, Pbila. Co., Sept. Term, 1894, No. 728, on verdict for plaintiffs. Ejectment for a lot' of land, 610 South street, in the city of Philadelphia. Before Willson, J. At the trial it appeared that the title to the land was originally in Philip Kelly who, on March 3, 1875, made a deed of trust to Andrew R. Maynes, the habendum clause of which is as follows: “To have and to hold the said several messuages and lots or pieces of ground above described, hereditaments and premises hereby granted or mentioned and intended so to…
1Opinion of the Court
Opinion by
Mr. Justice Mitchell,
By the deed of trust of Kelly to Maynes, the former’s daughter Mary took a vested remainder in fee in an undivided half of the property, after the death of her father and mother. Kelly’s deed did not create a separate use trust, but an ordinary estate in remainder, after two life estates, which was alienable by the remainderman in the ordinary way. The trust was active during the existence of the two life estates, in order to preserve the remainders, but that was the extent of its real purpose. At the death of the surviving life tenant, Mrs. Kelly, the title in…
2Cases cited2 opinions
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