Minnig v. Batdorff
Supreme Court of Pennsylvania
In error from the Common Pleas of Lebanon. June 21. Case stated. In 1793, Noll made his will, wherein he devised to his wife for life, remainder to his daughter Elizabeth for life. “ Item, that when my said daughter depart this her natural life, the children which are come or born of her body shall hold and possess my said land or plantation.
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In error from the Common Pleas of Lebanon. June 21. Case stated. In 1793, Noll made his will, wherein he devised to his wife for life, remainder to his daughter Elizabeth for life. “ Item, that when my said daughter depart this her natural life, the children which are come or born of her body shall hold and possess my said land or plantation. Item, I do give and bequeath my land and plantation, (at the time of my said daughter her decease,) to the children which are come and born of and from her body, together with the deeds, draughts, and all other writings thereunto belonging to them (the…
1Opinion of the CourtBell, J.
The question presented by this record is, whether the children of Elizabeth Ditzler took a vested remainder under the will of their grandfather, the testator, or whether, as the defendant avers, it was contingent as to each of them, dependent upon their respectively surviving their mother. If the limitation over vested in the children on the death of the testator, it is conceded the deed from Jacob Ditzler to John Batdorff passed a fee in one-sixth part of the land devised, and, consequently, the judgment rendered by the court below is correct.
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2Cases cited2 opinions
- Wager v. WagerSupreme Court of Pennsylvania · 1815
- King v. CrawfordSupreme Court of Pennsylvania · 1827
3Cited by21 opinions
- Groninger's EstateSupreme Court of Pennsylvania · 1920
- Archer v. JacobsSupreme Court of Iowa · 1904
- Appeal of CogginsSupreme Court of Pennsylvania · 1889
- Brown's EstateSupreme Court of Pennsylvania · 1927
- Rau's EstateSupreme Court of Pennsylvania · 1916
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