Legal Opinion

Pennsylvania Horticultural Society v. Craig

Supreme Court of Pennsylvania

Decided March 31, 1913No. Appeal, No. 269PublishedCited by 21 opinions

Appeal, No. 269, Jan. T., 1912, by Contributors to the Pennsylvania Hospital, Devisees under will of Elizabeth Schaffer, deceased, from decree of C. P. No. 1, Philadelphia Co., Sept. T., 1909, No. 4759, on bill in equity in case of Pennsylvania Horticultural Society v. Robert Craig, Edward Hacker, George Vaux, Jr., and Girard Trust Company, Surviving Substituted Trustees, and Contributors to the Pennsylvania Hospital, Devisees under the will of Elizabeth Schaffer, deceased.

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Appeal, No. 269, Jan. T., 1912, by Contributors to the Pennsylvania Hospital, Devisees under will of Elizabeth Schaffer, deceased, from decree of C. P. No. 1, Philadelphia Co., Sept. T., 1909, No. 4759, on bill in equity in case of Pennsylvania Horticultural Society v. Robert Craig, Edward Hacker, George Vaux, Jr., and Girard Trust Company, Surviving Substituted Trustees, and Contributors to the Pennsylvania Hospital, Devisees under the will of Elizabeth Schaffer, deceased. Bill in equity for conveyance of real estate. Before Kinsey, J. From the record it appeared that the bib prayed that a…

1Opinion of the Court

Opinion by

Mr. Justice Elkin,

That the deed of 1887 conveyed a base, qualified or determinable fee cannot in the light of the authorities be seriously questioned. The estate conveyed may continue forever, and for this reason it is deemed to be a fee, but it may be determined if the property be diverted from the use intended, or if .the conditions annexed to the grant be otherwise broken, and this makes it in contemplation of law a base or qualified fee.. If the rights of the parties to the present controversy depended alone upon the' deed of 1887, it would necessarily follow that the…

2Cases cited4 opinions

  1. Hopkins v. GrimshawSupreme Court of the United States · 1897
  2. Tobey v. MooreMassachusetts Supreme Judicial Court · 1881
  3. Proprietors of the Church in Brattle Square v. GrantMassachusetts Supreme Judicial Court · 1855
  4. Shurtz v. ThomasSupreme Court of Pennsylvania · 1848

3Cited by21 opinions

  1. Pruner EstateSupreme Court of Pennsylvania · 1960
  2. Yuscavage v. HamlinSupreme Court of Pennsylvania · 1958
  3. Abel v. Girard Trust Co.Supreme Court of Pennsylvania · 1950
  4. Stolarick v. StolarickSuperior Court of Pennsylvania · 1976
  5. Higbee Corporation v. KennedySuperior Court of Pennsylvania · 1981

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