Legal Opinion

Kaufman v. Burgert

Supreme Court of Pennsylvania

Decided March 26, 1900No. Appeal, No. 18PublishedCited by 10 opinions

Appeal, No. 18, Jan. T., 1900, by defendant,-from judgment of C. P. Berks Co., Jan. T., 1900, No. 40, on case stated in suit of Cyrus W. Kaufman v. Benneville Burgent. Case stated to determine the marketable title to real estate. The facts set forth in the case stated sufficiently appear by the opinion of the Supreme Court.

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Appeal, No. 18, Jan. T., 1900, by defendant,-from judgment of C. P. Berks Co., Jan. T., 1900, No. 40, on case stated in suit of Cyrus W. Kaufman v. Benneville Burgent. Case stated to determine the marketable title to real estate. The facts set forth in the case stated sufficiently appear by the opinion of the Supreme Court. The court entered judgment in favor of plaintiff for $7,500 being the amount of purchase money which defendant had agreed to pay to plaintiff for land devised to plaintiff by his father. .Error assigned was ih entering judgment for plaintiff.

1Opinion of the Court

Opinion by

Mr. Chief Justice Green,

There cannot be the least doubt that the estate given by the *276will of Daniel B. Kaufman to Ms son Cyrus William Kaufman, in the land in question, is an absolute estate in -fee simple. The devise is in the following words : “ I give and devise unto my son Cyrus William, his heirs and assigns forever, from and after the expiration of eighteen years from the date hereof, the farm on which I now live situate in Maidencreek Township, aforesaid, bounded -as follows,” etc. The payment of some legacies was imposed, and a subjection to some reservations, but none of…

2Cases cited4 opinions

  1. Good v. Fichthorn, Pennsylvania Court of Common Pleas, Lancaster County1891
  2. Jauretche v. ProctorSupreme Court of Pennsylvania · 1865
  3. Schermerhorn v. NegusCourt for the Trial of Impeachments and Correction of Errors · 1845
  4. Keyser's AppealSupreme Court of Pennsylvania · 1868

3Cited by10 opinions

  1. Pattin v. ScottSupreme Court of Pennsylvania · 1921
  2. Kepler v. KeplerSupreme Court of Pennsylvania · 1938
  3. Breinig v. SmithSupreme Court of Pennsylvania · 1920
  4. White v. WhiteWest Virginia Supreme Court · 1929
  5. Gillespie's EstateSupreme Court of Pennsylvania · 1922

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