Specht's Estate
Citations
- 268 Pa. 384
- 112 A. 92
- 1920 Pa. LEXIS 700
Syllabus
<p>Contract — Beal estate — Agreement to sell — Support for life — ■ Attempted revocation by will — Farties.</p> <p>1. Where an elderly man, owning a farm, his wife, his daughter and her husband and the remaining children execute a written agreement in which it is stated that the owner “has rented” the farm to his son-in-law, who is to pay taxes and support the owner and his wife, as long as the owner shall live, and the agreement further states that “We the undersigned agree to sell” for a price named, the farm to the son-in-law after the death of the owner, the son-in-law to make any repairs and improvements he may wish and that “such repairs and improvements made will be made for himself,” the agreement, on the performance of the covenants therein by the son-in-law, vests in the latter an equitable title, which cannot be revoked by the owner by will, or by his children refusing to make a deed for the farm after his death.</p> <p>2. The children had a mere expectancy of inheritance, with no vested right in the farm. They were not necessary parties to the agreement, and their participating in it was a mere act of precaution by the father.</p>
Judges: Brown, Frazer, Kephart, Moschzisker, Simpson, Walling
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