Kiefel v. Keppler
Supreme Court of Pennsylvania
Appeal, No. 263, Oct. T., 1895, by plaintiff, from decree of C. P. No. 2, Allegheny Co., April T., 1898, No. 524, dismissing bill in equity. Bill in equity for partition. The bill was filed by the plaintiffs for a partition, claiming title as collateral heirs at law of Judith Pfeifer; that Judith Pfeifer died intestate, without issue, but having a husband, J. Martin Pfeifer, who is now deceased. The plaintiffs claimed to be tenants in common.
Read the full summary
Appeal, No. 263, Oct. T., 1895, by plaintiff, from decree of C. P. No. 2, Allegheny Co., April T., 1898, No. 524, dismissing bill in equity. Bill in equity for partition. The bill was filed by the plaintiffs for a partition, claiming title as collateral heirs at law of Judith Pfeifer; that Judith Pfeifer died intestate, without issue, but having a husband, J. Martin Pfeifer, who is now deceased. The plaintiffs claimed to be tenants in common. The answer denied that Judith Pfeifer died intestate, but set up her last will and testament, dated April 25, 1891, duly probated and recorded, in which…
1Opinion of the Court
Opinion by
Mr. Justice Mitchell,
Notwithstanding the general presumption that one who makes a will does not intend to die intestate as to any part of his estate, reinforced as it is here by the words “ all such estate as it hath pleased God to intrust me with, I dispose of ” etc., it is clear *184that without the aid of the act of 1888 the will of Judith Pfeifer would have given her husband only a life estate, for the devise is only of the “ whole income while he lives,” and at common law this express life estate would not be enlarged by the subsequent gift of a power of sale: Hinkle’s Appeal, 116…
2Cases cited1 opinion
- Appeal of HinkleSupreme Court of Pennsylvania · 1887
3Cited by5 opinions
- Fidelity Trust Co. v. BobloskiSupreme Court of Pennsylvania · 1910
- Schaaf v. PolitowskiSupreme Court of Pennsylvania · 1923
- Schuldt v. HerbineSuperior Court of Pennsylvania · 1896
- Peck v. Snyder, Pennsylvania Court of Common Pleas, Dauphin County1927
- Semple's EstatePennsylvania Orphans' Court, Northampton County · 1924