Legal Opinion

Kemp v. Reinhard

Supreme Court of Pennsylvania

Decided May 2, 1910No. Appeal, No. 194PublishedCited by 15 opinions

Appeal, No. 194, Jan. T., 1909, by plaintiff, from judgment of C. P. Berks Co., April T., 1909, No. 17, for defendant on case stated in suit of Jacob E. Kemp v. Valerius S. Reinhard and Pierce G. S. Kemp. Case stated to determine the marketable title to real estate. Before Endlich, P. J. From the record it appeared that the material portions of the will of Amelia Sunday under which plaintiff claimed title were as follows: “Item.

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Appeal, No. 194, Jan. T., 1909, by plaintiff, from judgment of C. P. Berks Co., April T., 1909, No. 17, for defendant on case stated in suit of Jacob E. Kemp v. Valerius S. Reinhard and Pierce G. S. Kemp. Case stated to determine the marketable title to real estate. Before Endlich, P. J. From the record it appeared that the material portions of the will of Amelia Sunday under which plaintiff claimed title were as follows: “Item. I give and devise to my son, Pierce G. S. Kemp, his heirs and assigns, all that certain messuage, tenement and tract of land situated partly in Maxatawny township and…

1Opinion of the Court

Opinion by

Mr. Justice Brown,

The testatrix gave to her son, Jacob E. Kemp, the use and income of seven enumerated properties “for and during his lifetime.” Immediately after this provision for him there is the following separate clause in the will: “And immediately after the decease of the said Jacob E. Kemp, I give and devise the above described seven tracts or pieces of land, devised to him herein for life, to his issue in fee. Should he however die without leaving issue living, I give and devise the same unto my son, Pierce G. S. Kemp, his heirs and assigns in fee.” The judgment of the…

2Cases cited3 opinions

  1. Guthrie's AppealSupreme Court of Pennsylvania · 1861
  2. Doebler's AppealSupreme Court of Pennsylvania · 1870
  3. Shapley v. DiehlSupreme Court of Pennsylvania · 1902

3Cited by15 opinions

  1. Lyman v. LymanSupreme Court of Pennsylvania · 1928
  2. Stout v. GoodSupreme Court of Pennsylvania · 1914
  3. Chambers v. Union Trust Co.Supreme Court of Pennsylvania · 1912
  4. Farrell v. FariesCourt of Chancery of Delaware · 1940
  5. Lee v. SansonSupreme Court of Pennsylvania · 1914

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