Legal Opinion

Lauer v. Hoffman

Supreme Court of Pennsylvania

Decided May 28, 1913No. Appeal, No. 414PublishedCited by 14 opinions

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.

1Opinion of the Court

Opinion by

Mr. Justice Brown,

It is clear that the testator intended to give his daughter hut a life estate in the property which she and her husband have contracted to sell to the appellant; but it is equally clear that, in giving her that estate, he intended to make her a source of inheritable succession, and she, therefore, took a fee under the unbending rule in Shelley’s Case as applied in this State. This is so plainly demonstrated in the opinion of the learned president judge of the court below that little, if anything, can be well added to it, and it will be very briefly supplemented.

The…

2Cases cited4 opinions

  1. Doebler's AppealSupreme Court of Pennsylvania · 1870
  2. Shapley v. DiehlSupreme Court of Pennsylvania · 1902
  3. Simpson v. ReedSupreme Court of Pennsylvania · 1903
  4. Moyer v. RentschlerSupreme Court of Pennsylvania · 1911

3Cited by14 opinions

  1. Glenn v. StewartSupreme Court of Pennsylvania · 1919
  2. Maris's EstateSupreme Court of Pennsylvania · 1930
  3. Lyman v. LymanSupreme Court of Pennsylvania · 1928
  4. Stout v. GoodSupreme Court of Pennsylvania · 1914
  5. Bishop v. WilliamsSupreme Court of Arkansas · 1953

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