Redemptorist Fathers v. Lawler
Supreme Court of Pennsylvania
Appeal, No. 177, Oct. T., 1902, by-defendant, from judgment of C. P. No. 2, Allegheny Co., Oct. Term, 1902, No. 472, for plaintiff on case stated in suit of the Redemptorist Fathers of the State of Pennsylvania v. James B. Lawler. Case stated to determine the marketable title to real estate.
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Appeal, No. 177, Oct. T., 1902, by-defendant, from judgment of C. P. No. 2, Allegheny Co., Oct. Term, 1902, No. 472, for plaintiff on case stated in suit of the Redemptorist Fathers of the State of Pennsylvania v. James B. Lawler. Case stated to determine the marketable title to real estate. The case stated was as follows: ' On November 19, 1862, Rev. Francis Joseph Muller et al. granted and conveyed to Rev. John De Dycker, Rev. George Ruland, Rev. Francis Xavier Seelos and Rev. Joseph Helmpraecht, “ as joint tenants and not as tenants in common,” inter alia, a tract, of land in the city of…
1Opinion of the Court
Opinion by
Mb. Justice Mitchell,
The Act of March 31,1812, 5 Sm. L. 395, expressly abolished the right of survivorship as an incident of joint tenancy, and provided that “ whatever kind the estate or thing holden, be, *26the parts of those who die first .... shall be considered .... in the same manner as if such deceased joint tenants had been tenants in common.”
But it is not forbidden by this act, nor made illegal in anyway, to create by grant or devise an estate with the same attribute of survivorship as joint tenancy at common law. Thus a grant to three for their joint lives with remainders to…
2Cases cited3 opinions
- Jones v. CableSupreme Court of Pennsylvania · 1887
- Arnold v. Jack's ExecutorsSupreme Court of Pennsylvania · 1854
- Kerr v. VernerSupreme Court of Pennsylvania · 1870
3Cited by17 opinions
- TEACHER v. KijurinaSupreme Court of Pennsylvania · 1950
- Maxwell v. SaylorSupreme Court of Pennsylvania · 1948
- Erickson v. EricksonOregon Supreme Court · 1941
- Leach's EstateSupreme Court of Pennsylvania · 1925
- Chandler v. KountzeCourt of Appeals of Texas · 1939
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