Brady Overseers v. Clinton Overseers

Citations

• 148 Pa. 311
• 23 A. 1136
• 1892 Pa. LEXIS 976

Syllabus

<p>Estate — Interest in land — Construction of agreement.</p> <p>By an agreement under seal it was stipulated that in consideration of an assignment by a married woman of her interest in her father’s estate, the grantor agreed to let the said married woman and her husband “live on and occupy the lot upon which they now live, rent free, during the term of their life,” they paying taxes, “ and at the death of the said Elizabeth Shaffer and Jefferson, her husband, the above to revert back” to grantor or his heirs, with all the improvements thereon. It was shown that the husband was present when the writing was made and assented to it, and that he took possession of the lot with his wife and assisted her in the payment of the taxes.</p> <p>Held, That taking all the circumstances into consideration, this constituted a lease for the lives of the grantee and her husband and the survivor of them, and was hence a freehold estate in lands.</p> <p>Pauper — Settlement—Act of June 13, 1836 — Duty of overseers.</p> <p>Where a pauper legally chargeable in one township is residing in another under an order of the court, if the overseers of the former township, in violation of their statutory duty, neglect or wrongfully refuse aid and support to the pauper, so that he is forced to support himself by begging for a period exceeding one year, the pauper will not thereby gain a settlement, though seised of a freehold inheritance in the second township.</p>