Schlegel v. Herbein

Citations

• 174 Pa. 504
• 34 A. 118
• 1896 Pa. LEXIS 914

Syllabus

<p>Deed — Reservation—Ownership of dower fund.</p> <p>Where one brother conveys to another his undivided moiety in a farm left by their father, there remains in the grantor no interest in the dower fund originally charged on the land, unless such interest is newly created by a reservation in the deed.</p> <p>An owner of land died intestate leaving to survive him a widow and three sons, S., B. and J. J. conveyed his undivided interest in the land to S. and B. subject to the dower of his mother. B. subsequently conveyed his undivided interest by deed to S., subject to the payment of the interest on the dower to the widow “ and immediately after her death the principal to the heirs and legal representatives ” of the father. Immediately following this clause was the following “ Together with all and singular the houses .... reversions and remainders .... and all the estate, right, title, interest, property, claim and demand whatsoever, of B. in law, equity or otherwise howsoever, of, in and to the same and every part thereof.” The evidence showed that-the conveyance of B. to S. was ito defeat B’s creditors. Subsequently B. was adjudicated a bankrupt, and the assignee in bankruptcy sold B.’s interest in the dower fund to plaintiff’s predecessors in title. S. was at the sale and bid on the property without announcing that he claimed the fund. Ileld, that a verdict and judgment for the plaintiff for B.’s interest in the dower fund should be sustained.</p>