Legal Opinion

Palm v. Palm

Superior Court of Pennsylvania

Decided July 18, 1912No. Appeal, No. 45PublishedCited by 2 opinions

Appeal, No. 45, Sept. T., 1911, by defendants, from judgment of C. P. Berks Co., Aug. T., 1911, No. 119, for plaintiff on case stated in suit of Margaret J. Palm v. William H. Palm et al. Case stated to determine ownership of rentals. Before Wagner, J. The opinion of the Superior Court states the case.

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Appeal, No. 45, Sept. T., 1911, by defendants, from judgment of C. P. Berks Co., Aug. T., 1911, No. 119, for plaintiff on case stated in suit of Margaret J. Palm v. William H. Palm et al. Case stated to determine ownership of rentals. Before Wagner, J. The opinion of the Superior Court states the case. Error assigned was in entering judgment for plaintiff on the case stated. — The words, “after the death of my wife,” in the will of John Palm, must be construed distributively and be applied exclusively to the house expressly devised to the widow for life; and the words of the residuary devise,…

1Opinion of the Court

Opinion by

Porter, J.,

The plaintiff brought this action to recover the amount of certain rents, accruing from the property No. 538 Chestnut street, Columbia, Lancaster county, which defendants had collected, and to which plaintiff asserts she was entitled. The parties agreed upon a case stated in the court below, from which it appears that the right of the plaintiff is dependent upon whether she took a life estate in the property under the will of John Palm, deceased, the husband of the plaintiff and father of the defendants; the material provisions of which will are as follows, namely:…

2Cases cited5 opinions

  1. Wood v. SchoenSupreme Court of Pennsylvania · 1907
  2. Bruckman's EstateSupreme Court of Pennsylvania · 1900
  3. Estate of BoiesSupreme Court of Pennsylvania · 1896
  4. Dale v. DaleSupreme Court of Pennsylvania · 1850
  5. Kraemer v. Guarantee Trust & Safe Deposit Co.Superior Court of Pennsylvania · 1895

3Cited by2 opinions

  1. Schillo's EstateSuperior Court of Pennsylvania · 1916
  2. Lyle EstatePennsylvania Orphans' Court, Philadelphia County · 1953

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