Fleek v. Zillhaver
Supreme Court of Pennsylvania
ERROR TO THE COURT OE COMMON PLEAS OE CRAWEORD COUNTY. No. 244 January Term 1887, Sup. Ct.; court below, No. 107 February Term 1886, C. P. The case below was a scire facias sur mortgage issued by Frank R. Fleek for the use of Helen M. Fleek against Charles T. Holcomb, mortgagor, and Fred Zillhaver, terre tenant.
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ERROR TO THE COURT OE COMMON PLEAS OE CRAWEORD COUNTY. No. 244 January Term 1887, Sup. Ct.; court below, No. 107 February Term 1886, C. P. The case below was a scire facias sur mortgage issued by Frank R. Fleek for the use of Helen M. Fleek against Charles T. Holcomb, mortgagor, and Fred Zillhaver, terre tenant. The title to a tract of land became vested in Charles T. Holcomb and Mary, his wife, under the will of Bailey Fullerton, the wife’s father, which will was admitted to probate on April 6,1854, and contained this paragraph:— Item: I give and bequeath unto my daughter Mary and my…
1Opinion of the Court
Opinion,
Mr. Justice Green:
The estate of Mary Holcomb in the premises in question was not different from the estate of her husband Charles T. Holcomb in the same premises. They were husband and wife; *218the devise was to them jointly and they held the land devised by entireties, and not by moieties. The estate of each is exceptional and peculiar. It dies with the owner, and only the survivor has the absolute and unqualified fee simple title in the whole. The estate of the other, though extending to the whole during life, absolutely ceases at death. It was that kind of estate which was bound by…
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