Legal Opinion

Richards v. Bentz

Supreme Court of Pennsylvania

Decided May 15, 1905No. Appeal, No. 40PublishedCited by 5 opinions

Appeal, No. 40, Jan. T., 1905, by plaintiff, from judgment of C. P. Berks Co., April T., 1908, No. 7, on verdict for defendants in case of Adam .Darius Richards v. William Bentz, Levi D. Kalbach and Henry P. Obold. Ejectment for land in Jefferson township. Before ErmenTROUT, P. J. From the record it appeared that Jacob Haag devised the land in question to his grandson, Adam H. Potteiger. The material portions of his will are quoted in the opinion of the Supreme Court.

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Appeal, No. 40, Jan. T., 1905, by plaintiff, from judgment of C. P. Berks Co., April T., 1908, No. 7, on verdict for defendants in case of Adam .Darius Richards v. William Bentz, Levi D. Kalbach and Henry P. Obold. Ejectment for land in Jefferson township. Before ErmenTROUT, P. J. From the record it appeared that Jacob Haag devised the land in question to his grandson, Adam H. Potteiger. The material portions of his will are quoted in the opinion of the Supreme Court. Adam’s sister, Eva, died leaving one child, Adam Darius Richards, the plaintiff. The defendants claim under Adam H. Potteiger,…

1Opinion of the Court

Opinion by

Mb. Justice Fell,

The devise of a farm was to the testator’s grandson “ as his full property, which he shall take in possession immediately after my death,” and coupled with it was a bequest of farming and trade implements and other personal property. For these he ivas to pay $2,000 to his sister Eva and to make other payments to the wife and daughter of the testator. The case turns on the effect of this provision: “ If the above Adam Potteiger or Eva Anna Maria Potteiger should die without heirs, so shall that one’s share of inheritance fall back to the other.” There is nothing in…

2Cases cited5 opinions

  1. Mickley's AppealSupreme Court of Pennsylvania · 1880
  2. In re Estate of JacksonSupreme Court of Pennsylvania · 1897
  3. Mitchell v. Pittsburg, Fort Wayne & Chicago Ry.Supreme Court of Pennsylvania · 1895
  4. Estate of BiddleSupreme Court of Pennsylvania · 1857
  5. Fahrney v. HolsingerSupreme Court of Pennsylvania · 1870

3Cited by5 opinions

  1. McGuire v. StateCourt of Appeals of Maryland · 2001
  2. Ault v. KarchSupreme Court of Pennsylvania · 1908
  3. Robinson v. JonesSupreme Court of Pennsylvania · 1908
  4. Throckmorton v. ThompsonSupreme Court of Pennsylvania · 1907
  5. Union Trust Co. of Butler AccountSuperior Court of Pennsylvania · 1948

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