Anders v. Gerhard
Citations
- 140 Pa. 153
- 21 A. 253
- 1891 Pa. LEXIS 819
Syllabus
<p>(«) A testator gave Ms residuary estate, one half to his wife, “ to hold tho same absolute,” and one half to Ms “ brother and sisters, and to tlieir heirs, to be equally divided amongst them,” directing Ms executors to sell all his real and personal property, subject to Ms “said wife’s moiety. ”</p> <p>(6) The will provided further: “The money arising from my real estate I give to my brother and sisters aforesaid, to be equally divided; the other moiety or half part thereof I give to the heirs of my said wife, to be divided amongst them after her decease.”</p> <p>(c) Giving to his brother and sisters one half the proceeds of his homestead, to be sold on his wife’s death, he bequeathed the other one half to his “ said wife, so that at the final settlement of my estate, my heirs and the heirs of my wife shall each receive one half of my estate, real and personal: ”</p> <p>1. In such case, the widow of the testator took an estate in fee in one half the real estate, excluding the homestead; and therefore, a deed for said real estate, executed and tendered by the executors of the will and the widow, would convey a fee-simple title to the purchaser thereof.</p>
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that a broken jaw, severe facial lacerations, a broken arm, an injured leg, and blows to the back of the head were sufficiently obvious and severe so that expert medical testimony was not required
- stating that when considering whether a refusal was knowing and conscious, \[o]ne of the most important [factors] is the driver's mental and physical state at the time \
- finding medical evidence unnecessary where record showed licensee suffered a broken jaw, severe facial lacerations, a broken arm, an injured leg, and blows to the back of the head
- broken jaw, severe facial lacerations, broken arm, injured leg, and blows to the head were sufficiently obvious and severe to establish incapacity without supporting medical evidence
Source: CourtListener parenthetical corpus (CC0).
Judges: Clark, Green, McCollum, Mitchell, Paxson, Sterrett, Williams
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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