Lantz v. Trusler
Supreme Court of Pennsylvania
Error to the Common Pleas of Grreene county. This was an action of ejectment by Andrew Lantz, Jr., and others, heirs-at-law of Andrew Lantz, Sr., deceased, against Samuel Trusler,.for 150 acres of land, in Whitely township.
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Error to the Common Pleas of Grreene county. This was an action of ejectment by Andrew Lantz, Jr., and others, heirs-at-law of Andrew Lantz, Sr., deceased, against Samuel Trusler,.for 150 acres of land, in Whitely township. The case was this: — Henry Soonover, deceased, by his will dated 20th April 1809, and proved January 22d 1812, devised all his real estate, wheresover the same may be, equally to be divided between his two daughters Catharine Livingood and Dorothea Miller, during their natural lives respectively. The moiety of the real estate so devised to his daughter Catharine, he gave…
1Opinion of the Court
The opinion of the court was delivered by
Lowrie, C. J.
It is apparent from the will that the testator had other heirs besides Catharine and Dorothea, and therefore the remainder, after the life estates, is not devised according to the law of descents, and there can be no question that the daughters took only life estates. What then did their children take ? Very evidently, vested remainders in fee, conditioned on their surviving their mothers, or leaving issue surviving them; for the rules of law require a vesting so soon as there is any one in existence that can take. And the estate having…
2Cited by2 opinions
- Dean v. WintonSupreme Court of Pennsylvania · 1892
- McMasters v. ShellitoSuperior Court of Pennsylvania · 1900