Legal Opinion

Ault v. Karch

Supreme Court of Pennsylvania

Decided March 2, 1908No. Appeal, No. 27PublishedCited by 2 opinions

Appeal, No. 27, Jan. T., 1908, by-defendant, from judgment of O. P. Lebanon Co., Dec. T., 1907, Ho. 92, on case stated in suit of Emma L. Ault, Clara C. Haumañ and her husband, Harry A. Hauman, and Minnie E. Karch and her husband, William S. Karch, v. Ralph Karch. Case stated to determine the marketable title to real estate. The opinion of the Supreme Court states the case. Error assigned was in entering judgment for plaintiff' on case stated.

1Opinion of the Court

Opinion by

Mr. Justice Fell,

The testatrix devised her real estate to her three daughters with the proviso that none should alien without the written consent of the others. In the final clause of her will she pro*367vided that: “ In the event of any of my said daughters dying without issue to survive her or them, then and in that case I give and devise the share or shares ” of the one so dying to the others or their heirs in equal shares as tenants in common, subject to the same proviso as to alienation. The effect of the restraint on the power of alienation need not be considered, since all the…

2Cases cited5 opinions

  1. Mickley's AppealSupreme Court of Pennsylvania · 1880
  2. Mitchell v. Pittsburg, Fort Wayne & Chicago Ry.Supreme Court of Pennsylvania · 1895
  3. Estate of BiddleSupreme Court of Pennsylvania · 1857
  4. Stevenson v. FoxSupreme Court of Pennsylvania · 1889
  5. Richards v. BentzSupreme Court of Pennsylvania · 1905

3Cited by2 opinions

  1. Union Trust Co. of Butler AccountSuperior Court of Pennsylvania · 1948
  2. Williamson v. Greene Improvement Co., Pennsylvania Court of Common Pleas, Greene County1923

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