Sheeley v. Neidhammer

Will — Rule in Shelley's case — “ Children or legal heirs" — Devise. A devise of realty to one for life with the right to the proceeds, without the right of alienation, and after his death to “his children or legal heirs,” vests in the first taker an estate tail, which under the Pennsylvania statute becomes an estate in fee simple.

Appeal, No. 127, Jan. T., 1897, by defendant, from judgment of C. P. Cumberland Co., Feb. T., 1897, No. 284, on case stated. Case stated to determine the title to real estate, as follows: On October 30, 1888, Frederick J. Sheeley made his last will and testament, which was duly probated in the register’s office of Cumberland county on March 10, 1888. Among the provisions of the said will were the following: “ And to my two sons Samuel Sheeley and William H. Sheeley I sell my homestead farm for seven thousand dollars and of the same, I give bequeath and cancel for my two sons, Samuel Sheeley and William H. Sheeley, four thousand dollars as their share and portion of my worldly goods and estate. . . . “And any money that any of my sons owes me or my estate they shall pay to me or my estate, but forever excepting the part or parts, portion or portions, I give and bequeath to them out of the several farms mentioned. And on the several sum or sums of money owing to me or my estate the said sons are to pay no interest or any money owing by them to me or my estate after my demise unless payment or payments are unreasonably delayed. It is my will and desire that my real and personal estate shall be worked and carried on and be conducted in my name until all my honest and lawful debts are paid and when all my debts are paid, then my four sons, Samuel Sheeley, William H. Sheeley, Andrew Sheeley; and Emanuel Sheeley shall pay or cause to be paid to my four daughters the following moneys, or legacies. To Elizabeth Fetrow and Catharine Fisher each one of them two hundred dollars yearly until they have paid to each one of them, the said Elizabeth Fetrow and Catharine Fisher, two thousand dollars taken together making four thousand dollars, the same being their share and any portion of my worldly goods and estate, and the same to bear no interest till paid, if paid iñ reasonable time and according to my will. “ And when Elizabeth Fetrow and Catharine Fisher are fully paid, then my four sons, Samuel Sheeley, William H. Sheeley, Andrew Sheeley and Emanuel Sheeley shall pay in like manner my other two daughters Anna Sheeley and Barbara Sheeley each two hundred dollars yearly until a thousand dollars is paid to each one of them, the said Anna and Barbara Sheeley together making two thousand dollars. . . . “ It is further my will and I do declare it that Samuel Sheeley shall work the farm that I give to him and William H. Sheeley and farm the same until my four daughters shares are fully paid, provided nevertheless that the said Samuel Sheeley shall use due diligence in performing his duty on said farm to the interest of himself and William H. Sheeley and to pay his own and the said William H. Sheeley’s part of the legacies to my daughters and the said Samuel Sheeley to pay all necessary repairs on said farm and the taxes on the same until the legacies or share of my four daughters are fully paid, and after the legacies or share of my four daughters are fully paid the said William H. Sheeley to receive the proceeds of the said half of said undivided farm but forever prohibited from selling the said half or any part of said undivided farm forever. Nevertheless the said William H. Sheeley to receive the proceeds during bis natural life and when the children or legal heirs of William H. Sheeley come to the age of twenty-one years or more, then the said half of said farm to belong to the children or legal heirs of the said William H. Sheeley forever.” A copy of the whole of said will is hereto attached and made a part of this case stated. On December 10, 1896, William H. Sheeley, the plaintiff, entered into an article of agreement with J. R. Neidhammer, the defendant, for the sale of his one undivided half interest in the farm so devised to them, Samuel Sheeley and William H. Sheeley, the said William H.' Sheeley agreeing to execute a deed to the defendant in fee simple clear of all incumbrances and with clause of general warranty. The price to be paid for the interest of the plaintiff in said farm is $7,500 upon the execution and delivery of deed and delivery of the premises. A copy of said article of agreement is hereto attached and made a part of this case stated. The deed as provided for in said agreement has been executed and tendered to the defendant, as well as possession of the farm, but the payment of the consideration has been refused because it is insisted upon by the defendant, J. R. Neidhammer, that, under the will of Frederick Sheeley, in the land devised to William H. Sheeley the latter took but a life interest in the same, and not a fee. It is also a fact that the $4,000 directed to be paid by William H. Sheeley as provided for in the will of Frederick J. Sheeley, and also the payments of legacies directed to be paid by Samuel Sheeley, William H. Sheeley, Andrew Sheeley and Emanuel Sheeley to Elizabeth Fetrow, Catharine Fisher, Anna Sheeley and Barbara Sheeley have all been paid or settled, and that all honest and lawful debts due by the testator at his decease have also been paid. If the court therefore should be of the opinion that William H. Sheeley, under the will of Frederick J. Sheeley, took a fee in the land devised to him, then judgment to be entered in favor of the plaintiff for the sum of $7,500 and costs. . But if the court should be of contrary opinion, then judgment to be entered in favor of the defendant. Either party to have the right to sue out an appeal to the Supreme Court without oath or bail. The court, in an opinion by E. W. Biddle, P. J., entered judgment in favor of plaintiff for $7,500. Error assigned was entry of judgment in favor of plaintiff.