Schafer v. Eneu
Supreme Court of Pennsylvania
Error to the District Court of Philadelphia. This was an action of covenant on a ground-rent deed by Joseph Eneu and others against George Schafer, commenced August 31st 1864, in which a case was stated for the opinion of the court as follows: — ■ James Eneu Sr., November 29th 1849, granted to George Schafer certain premises, reserving an annual rent of $33.75. He died in December 1851, having devised the said rent in trust for the sepai’ate use of his daughter Theresa Clark…
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Error to the District Court of Philadelphia. This was an action of covenant on a ground-rent deed by Joseph Eneu and others against George Schafer, commenced August 31st 1864, in which a case was stated for the opinion of the court as follows: — ■ James Eneu Sr., November 29th 1849, granted to George Schafer certain premises, reserving an annual rent of $33.75. He died in December 1851, having devised the said rent in trust for the sepai’ate use of his daughter Theresa Clark for life, and upon her decease to convey the same to her children and the heirs of her children for ever, gave the…
1Opinion of the Court
The opinion of the court was delivered, by
Strong, J.
The rent was devised to trustees for the sole and separate use of Theresa Clark during her life,- and upon her decease it was directed to be conveyed to her children and the heirs of her children for ever. She had therefore but a life estate, nothing which she could devise, or which could descend from her to her heirs. Had she left children they would have taken as purchasers, as devisees under the will of her father, and not by inheritance through her. She left no children issue of her body, but she left children adopted in conformity with…
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