Graeff & Wife v. DeTurk
Supreme Court of Pennsylvania
Error to tbe Common Pleas of BerTcs county. This was an action of ejectment, by Moses K. Graeff and Sarah Ann Graeff, his wife, in right of the said Sarah Ann Graeff, against Daniel DeTurk, to recover the undivided one-eighth part of a tract of land, containing 130 acres and 148 perches, situate in Oley township, Berks county, to which the defendant pleaded not guilty, and issue.
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Error to tbe Common Pleas of BerTcs county. This was an action of ejectment, by Moses K. Graeff and Sarah Ann Graeff, his wife, in right of the said Sarah Ann Graeff, against Daniel DeTurk, to recover the undivided one-eighth part of a tract of land, containing 130 acres and 148 perches, situate in Oley township, Berks county, to which the defendant pleaded not guilty, and issue. On the trial a special verdict was found by the jury as follows — “ We find that Martin Shenkel made his will, dated the 19th day of November, A. d. 1804, which was proved on the 11th day of May, A. D. 1805, devising…
1Opinion of the Court
The opinion of the court was delivered, by
Read, J.
The plaintiff Sarah Ann Graeff is a granddaughter of Philip DeTurk, and the defendant, Daniel DeTurk, is his eldest son; if therefore Philip DeTurk, under the will of his grandfather, took an estate tail in the premises, upon his death the title vested in the defendant, and if he took a fee simple, then he could dispose of it by will as he pleased, and in either case the plaintiff cannot recover. The only other construction is, that Philip DeTurk took an estate for life only, with a remainder “to the heirs of his body lawfully begotten, and…
2Cited by6 opinions
- Ewalt v. DavenhillSupreme Court of Pennsylvania · 1917
- Sinnott's EstateSupreme Court of Pennsylvania · 1933
- McKallip's EstateSupreme Court of Pennsylvania · 1936
- Hodges v. StegallTennessee Supreme Court · 1935
- Equitable Gas Co. v. Smith, Pennsylvania Court of Common Pleas, Greene County1929
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