Lauer v. Hoffman
Supreme Court of Pennsylvania
Appeal, No. 414, Jan. T., 1912, by plaintiff, from judgment of C. P. Berks Co., Nov. T., 1912, No. 36, in case of Frank Lauer v. Susan Elizabeth Hoffman and Charles P. Hoffman, her husband. Case stated to determine marketability of title to real estate. Before Endlich, P. J. The opinion of the Supreme Court states the case. Error assigned was in entering judgment for defendant on case stated.
1DissentJustice Moschzisker
In view of the fact that the testator provides that, “In no event whatever shall the fee simple to the said real estate vest in..... .my daughter,” it seems to me that this is the same as though he had provided that the words “shall descend to and become vested in” should be construed to mean, “shall descend from me and go to” (Donovan v. Woodworth, 234 Pa. 507). If the will is thus read, no violence is done to the words used, no departure is made from the rule in Shelley’s Case, and the clear intent of the testator is given effect. I believe that the will can and should be so read, and for…
2Cases cited1 opinion
- Donovan v. WoodworthSupreme Court of Pennsylvania · 1912