Dreisbach v. Serfass
Supreme Court of Pennsylvania
ERROR. TO THE COURT OE COMMON PLEAS OE MONROE COUNTY. No. 157 January Term 1889, Sup. Ct.; court below No. 7 February Term 1887, C. P. On January 10, 1887, Henry Serfass, and others who were heirs at law of Sally Ann Serfass, deceased, brought an action of ejectment against Frank Dreisbach for a tract of fifty acres of land in Tunkhannock township.
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ERROR. TO THE COURT OE COMMON PLEAS OE MONROE COUNTY. No. 157 January Term 1889, Sup. Ct.; court below No. 7 February Term 1887, C. P. On January 10, 1887, Henry Serfass, and others who were heirs at law of Sally Ann Serfass, deceased, brought an action of ejectment against Frank Dreisbach for a tract of fifty acres of land in Tunkhannock township. At the trial on November 15, 1888, before Dreher, P. J., the following facts were shown in the plaintiffs’ case : On December 5,1882, Peter Berger, then over seventy years of age, and childless, executed the following conveyance of the land in…
1Opinion of the Court
Opinion,
Mr. Justice Williams :
The disposition of this case depends on the construction of the- instrument under which the plaintiffs in the court below claimed title to the land in controversy. They sought to *37recover on tbe theory that it was a deed vesting a present absolute estate in fee simple in the grantee. The position of tixe defendant was, that the writing was in the nature of a will, a testamentary paper, revocable at the will of the maker and actually revoked by the .subsequent conveyance to Dreisbach. Our inquiry then is into the character and legal effect of the-so called deed…
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