Barnitz v. Hydeman
Supreme Court of Pennsylvania
Appeal, No. 300, Jan. T., 1920, by defendant, from judgment of C. P. York Co., April T., 1920, No. 182, for plaintiffs, on case-stated, in suit of Michael D. Barnitz et al. v. Leon S. Hydeman. Case-stated to determine marketability of title to real estate. Before Gill an, P. J., specially presiding. The opinion of the Supreme Court states the facts. The court entered judgment for plaintiffs on the case-stated. Defendant appealed. Error assigned was above judgment, quoting it.
1Opinion of the Court
Opinion by
Mr. Justice Moschzisker,
Maria O. Barnitz, a widow, died testate, August 28, 1888, seized and possessed of certain real estate, which plaintiffs contracted to sell to defendant. On a case-stated, the court below decided the vendors were possessed of and could convey a title in fee simple; the vendee has appealed.
The will in question provides as follows: “I devise unto my unmarried children and to those who remain unmarried the house and lot with the appurtenances on West Market Street, York, Pennsylvania, in which I now reside, during their lives and the life of the survivor of them.…
2Cases cited1 opinion
- Battersby v. CastorSupreme Court of Pennsylvania · 1897
3Cited by1 opinion
- Williams's EstatePennsylvania Orphans' Court, Centre County · 1927