Supreme Court of Pennsylvania, 1909

Schwem v. Calloway

Schwem v. Calloway
Supreme Court of Pennsylvania · Decided November 5, 1909 · Brown, Elkin, Fell, Mestrezat, Mitchell, Potter, Stewart
226 Pa. 51; 75 A. 22; 1909 Pa. LEXIS 875

Schwem v. Calloway

Opinion of the Court

Per Curiam,

If the instrument in question was testamentary it was of course revocable, and was revoked by the subsequent conveyance.

If, however, it was a deed, then the alleged trust created an estate in fee simple or at least in fee tail, which was executed by the statute, in the five heirs of Sarah E. Dinsmore, and the plaintiff, holding a conveyance from all the said heirs, has the entire title.

In either view the judgment must be affirmed.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.