Geissler v. Lauther

Citations

• 257 Pa. 338
• 101 A. 648
• 1917 Pa. LEXIS 739

Syllabus

<p>Wills — Consti'uction—Residuary devises — Agreement of sale — Affidavit of defense — Insufficiency.</p> <p>Testator after making certain specific bequests provided “As to the rest, residue and remainder of my estate, I suggest that the real estate be taken by my children at the appraisement as herewith enclosed and hereinbefore referred to.” The children agreed to sell the property; the vendee refused to complete the purchase. In an action by the children to recover the balance of the purchase-money due, the affidavit of defense alleged that plaintiffs were not the owners of the property in fee simple. Held, that plaintiffs possessed the real estate in fee simple, and judgment was properly entered for the plaintiffs for want of a sufficient affidavit of defense.</p>