Guth v. Butterwick

Citations

• 76 Pa. Super. 118
• 1921 Pa. Super. LEXIS 98

Syllabus

<p>Heal estate — Contracts for sale of real estate — Marketable title —Wills—Interpretation.</p> <p>A testator devised property to bis two grandchildren with remainder to their surviving children, and in default of such survivors, one-half of the said property to the heirs and next of kin of his wife and one-half to his own heirs and next of kin, and directed that advertisement should he made for said heirs and if ■claim was not made by an heir within 16 months following, he should he forever debarred from receiving any part of the estate. One grandchild died without issue and the other died leaving issue.</p> <p>Held, that under the intestate laws the lineal descendants were the heirs and next of kin, and the same persons being the lineal descendants of the testator and of his wife, the property, descended to the children of the surviving grandchild.</p> <p>The lineal descendants having taken the property under the will and the intestate laws it was necessary to produce evidence to establish their status. But because evidence must be produced to prove the heirs of the deceased owner, or those constituting the class, it cannot be held that the owners thus seized and in possession by virtue of the intestate laws, or under the will, cannot enforce a contract to sell and convey a fee simple title, clear of all liens and encumbrances, or a marketable title thereto.</p>