Legal Opinion

Drace v. Klinedinst

Supreme Court of Pennsylvania

Decided June 24, 1922No. Appeal, No. 406PublishedCited by 21 opinions

Appeal, No. 406, Jan. T., 1922, by defendant, from judgment of C. P. York Co., April T., 1922, No. 64, for plaintiff, in case-stated, in case of Irene Cecelia Draee and Bertha Catharine Mayer v. Nathaniel B. Klinedjnst. Case-stated to determine marketability of real estate. Before Ross, J. The opinion of the Supreme Court states the facts. Judgment for plaintiff. Defendant appealed. Error assigned was judgment, quoting record.

1Opinion of the Court

Opinion by

Mr. Justice Kephart,

John Mayer, who died in 1892, devised three pieces of land to his son John, for the term of his natural life, and after his death to his children, provided they remained faithful to a particular religion; and, in case any of them forsook this religion, “then and in that case, to the remaining children of my said son who remain true” to this religion. If the son should die without children, then over to other named relatives. The children of John “remained faithful” to the religion until some time after the death of their father, then left this church and joined…

2Cases cited6 opinions

  1. Adams v. First Baptist Church of St. CharlesMichigan Supreme Court · 1907
  2. Brown v. CaldwellWest Virginia Supreme Court · 1883
  3. First Methodist Episcopal Church v. Old Columbia Public Ground Co.Supreme Court of Pennsylvania · 1883
  4. McKinley v. MartinSupreme Court of Pennsylvania · 1910
  5. Newell's AppealSupreme Court of Pennsylvania · 1855

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3Cited by21 opinions

  1. Kariher's Petition (No. 1)Supreme Court of Pennsylvania · 1925
  2. Dutterer v. LoganWest Virginia Supreme Court · 1927
  3. Chappell v. ChappellWashington Supreme Court · 1923
  4. Sapper v. MathersSupreme Court of Pennsylvania · 1926
  5. Devlin's Trust EstateSupreme Court of Pennsylvania · 1925

16 more not listed; retrieve them via the Exa API.

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