Garman v. Glass
Supreme Court of Pennsylvania
Appeal, No. 341, Jan. T., 1899, by defendants, from order of C. P. Lancaster Co., Jan. T., 1899, No. 24, making absolute a rule for judgment for want of a sufficient affidavit of defense, in case of John B. Garman, Administrator d. b. n. c. t. a. of Jonas Good, Jr., deceased, v. Anna B. Glass and Henry W. Glass. Assumpsit to recover charge on land. Rule for judgment for want of a sufficient affidavit of defense.
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Appeal, No. 341, Jan. T., 1899, by defendants, from order of C. P. Lancaster Co., Jan. T., 1899, No. 24, making absolute a rule for judgment for want of a sufficient affidavit of defense, in case of John B. Garman, Administrator d. b. n. c. t. a. of Jonas Good, Jr., deceased, v. Anna B. Glass and Henry W. Glass. Assumpsit to recover charge on land. Rule for judgment for want of a sufficient affidavit of defense. The facts are stated by Livingston, P. J., as follows: It appears from the records and papers presented to the court on the argument, that, on January 23, 1880, one Jonas Good, of…
1Opinion of the Court
Opinion by
Mb. Justice Mitchell,
The defense set up in the affidavits was clearly untenable. Catharine Good by will gave to appellants “ all the rest and residue of my (her) estate,” but she had no estate in the land concerned here, which could pass by that language. Under the will of Jonas Good his widow Catharine had a life estate in the land, with a contingent power to revoke the testator’s devise over of the remainder, in case the devisees or any of them “should not be obedient to her during her natural life. ” Conceding that she was entitled to determine whether the contingency had…
2Cited by25 opinions
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- Power v. GroganSupreme Court of Pennsylvania · 1911
- Provident Trust Co. of Phila. v. ScottSupreme Court of Pennsylvania · 1939
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