Muntz v. Whitcomb

Citations

• 40 Pa. Super. 553
• 1909 Pa. Super. LEXIS 638

Syllabus

<p>Deed — Conveyance—Testamentary paper — Life estate — Remainder.</p> <p>1. A paper which is in form a deed of conveyance, and by which title to real estate passes to the grantee subject to the life estate of the grantors excepted from the conveyance, is not testamentary in character, but is in both form and substance a deed of conveyance.</p> <p>2. Such a paper after reserving a life estate for the grantors continued as follows: “It is understood by the parties hereto in the conveyance of the above property, that the said grantee is to have the use of the same and control of the same for his own benefit after the death of the grantors, he, the said grantee, after the death of the first parties hereto to occupy and use the same in trust for his heirs, after his death to go to them and be for their use and benefit, the ones it is understood and intended who are to get or inherit said property after the death of the said grantee, are to be his natural heirs, the to him nearest of kin or relation by blood, the same being then determined according to the laws then in force in Pennsylvania.” Held, that the grant was of a life estate to the grantee with remainder in fee to his heirs at law, as the result of which the estates united in the grantee in fee simple.</p> <p>Evidence — Fraud and misrepresentation — Offei'—Facts.</p> <p>3. A general offer to prove misrepresentation and fraud will not be entertained against objection. It is the duty of the counsel in making the offer to specify the facts proposed to be established.</p> <p>4. A mere offer to show that at the time or prior to the execution of a deed the grantee promised to pay a debt owing by the grantor, does not support an allegation of fraud.</p> <p>Deed — Recital—W arranty — Estoppel.</p> <p>5. Where a deed recites a conveyance to the grantor and the recording thereof, the grantor is estopped from asserting that the deed to himself was never delivered. Such a recital also contradicts a covenant of warranty in h