Montgomery v. Petriken
Supreme Court of Pennsylvania
Error to the Common Pleas of Lycoming county. This was an action of ejectment brought by William A. Petriken and Margaret his wife, and Hugh Montgomery, against Robert Montgomery, Peter Sheddy, and Moses Covert, to recover 696 acres of land in Clinton township.
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Error to the Common Pleas of Lycoming county. This was an action of ejectment brought by William A. Petriken and Margaret his wife, and Hugh Montgomery, against Robert Montgomery, Peter Sheddy, and Moses Covert, to recover 696 acres of land in Clinton township. The land in dispute formerly belonged to John Montgomery, who died in 1836, having devised the land in dispute one-third to his son Robert in fee, one-third to his son James likewise in fee, and the remaining one-third to his son William, and “ at the death of said William his share to be equally divided between Robert and James, with…
1Opinion of the Court
The opinion of the court was delivered by
Low-rib, J.
The devise over to Robert and James after the death of William is in form a vested remainder, and we think it is so in substance. The estate is really granted to William for life, with remainder in fee to Robert and James, and it is only on condition that William shall recover his sanity that he is to have a fee, and then it is to be by defeating the fee previously granted to the others. Their fee is vested subject to be defeated if ever the event contemplated should happen. The estate to arise in case William should become sane, was by way…
2Cited by2 opinions
- Estate of BationePennsylvania Orphans' Court, Philadelphia County · 1890
- Schmucker v. AdamsSuperior Court of Pennsylvania · 1910