Fritz v. Menges

Citations

• 179 Pa. 122
• 36 A. 213
• 1897 Pa. LEXIS 612

Syllabus

<p>Deed — Condition—Validity of condition.</p> <p>A condition may be made of anything that is not illegal or unreasonable, such as that the grantee shall support the grantor during life, on the principle that the owner of the land who is not obliged to transfer it at all, may attach to its transfer such conditions and restrictions as he pleases, and in view of which the grantee takes the land so long as they are not in contravention of any policy of law.</p> <p>• A conveyance upon condition subsequent passes the title to the grantee subject to be divested by failure to perform the conditions.</p> <p>Deed, — Conditions—Provision for support of grantor and wife.</p> <p>An instrument in writing which was designated in the instrument itself an “Article of Agreement ” provided as follows: “G. doth hereby covenant and agree to let unto M. all that farm .... on the following conditions.” Among the conditions enumerated were that G. should furnish one half the grain and farming implements, and pay one half the taxes. M. was to furnish one half the grain and implements and pay one half the taxes; “ also to perform all the work necessary to be done, and connected with and about the farm, and to keep all fences on the premises in good repair, and everything generally on the premises in good condition. . . . This agreement to take effect April 1, 1889 for a term as set forth in part second of this agreement. In consideration whereof M. doth hereby promise and agree with G. to comply with each and every act and condition as above mentioned.” Part second provided as follows: “ G. and wife doth hereby further agree to and with the said M. that if the said M. shall and will from time to time strictly comply with the conditions of the agreements as above stipulated, and in addition, at.the request of the said G. and wife, do such work as shall be necessary to be done for them, such as furnishing fuel and providing for provisions and nurses and care for them in case of sickness, then