Legal Opinion

Beilstein v. Beilstein

Supreme Court of Pennsylvania

Decided December 30, 1899No. Appeal, No. 138PublishedCited by 51 opinions

Appeal, No. 138, Oct. T., 1899, by defendant, from judgment of C. P. No. 2, Allegheny County, April T., 1899, No. 661, on case stated. Case stated in an action of ejectment.

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Appeal, No. 138, Oct. T., 1899, by defendant, from judgment of C. P. No. 2, Allegheny County, April T., 1899, No. 661, on case stated. Case stated in an action of ejectment. From the case stated it appeared that the property in controversy passed under the will of George P. Beilstein, the material portion of which was as follows : • “ It is my desire that my daughter Gertie Beilstein shall receive the income of my property, known as the old Seaton house, situate at No. 34, Diamond square, Pittsburgh, as long as she lives, but should she die without leaving a family, then the property is to…

1Opinion of the Court

Opinion by

Mr. Justice Mitchell,

The language of the will is “it is my desire that my daughter Gertie Beilstein shall receive the income of my property .... as long as she lives, but .should she die without leaAdnga family ” then over to testator’s brothers and sisters, the appellants.

The gift of the income is the gift of the land itself: Drusadow v. Wilde, 63 Pa. 170; Curry v. Patterson, 183 Pa. 238. In the former case it is said by Sharsavood, J.: “There is no construction of words older and better settled than that a grant or devise of the profits of land passes the land itself, ‘for what*…

2Cases cited4 opinions

  1. Drusadow v. WildeSupreme Court of Pennsylvania · 1870
  2. Curry v. PattersonSupreme Court of Pennsylvania · 1897
  3. In re Eichelberger's EstateSupreme Court of Pennsylvania · 1847
  4. Seybert v. HibbertSuperior Court of Pennsylvania · 1897

3Cited by51 opinions

  1. In Re Estate of BlakeCalifornia Supreme Court · 1910
  2. Bond v. MooreIllinois Supreme Court · 1908
  3. Miller v. PreitzSupreme Court of Pennsylvania · 1966
  4. Lippincott's EstateSupreme Court of Pennsylvania · 1923
  5. Verner EstateSupreme Court of Pennsylvania · 1947

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