Miller v. Grimes

Citations

• 262 Pa. 226
• 105 A. 92
• 1918 Pa. LEXIS 628

Syllabus

<p>Decedents’ estates — Beal property — Intestacy—Blood of the first purchaser — Act of April 8,1888, P. L. SIS.</p> <p>1. A person is with the most strict propriety of language affirmed to be of the blood of another who has any, however small a portion, of the same blood derived from a common ancestor.</p> <p>2. A married woman having purchased a lot of land died, survived by her husband and minor daughter. The lot descended to the daughter, subject to the husband’s curtesy. The daughter subse-</p> <p>' quently died, unmarried and without issue. Two brothers of the mother claimed the fee in the lot, alleging that the father could not inherit the lot from the daughter because he was not of the blood of his wife who was the first purchaser. It appeared that the husband and wife were related to a common great-grandfather in the same degree of consanguinity. The lower court decided that under Section 5 of the Act of April 8, 1833, P. L. 315, the fee to the lot vested in the husband upon the death of his daughter. Held, no error.</p>