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REICHARD APPEAL. (11/14/58)

November 14, 1958

REICHARD APPEAL.


Appeal, No. 352, Oct. T., 1958, from order of Court of Common Pleas of Franklin County, Misc. Docket, Vol. T., page 28, in re matter of the petition of G. Ralph Reichard et vir. Order affirmed.

COUNSEL

John W. Keller, with him Keller & Keller, for appellants.

Roy S. F. Angle, for appellee.

Before Rhodes, P.j., Hirt, Gunther, Wright, Woodside, Ervin, and Watkins, JJ.

Author: Rhodes

[ 188 Pa. Super. Page 131]

OPINION BY RHODES, P.J.

A petition was filed in the Court of Common Pleas of Franklin County by G. Ralph Reichard and Mildred G. Reichard, his wife, for an award of a portion of the proceeds from the sale of certain abandoned school property under the provisions of section 3 of the Act of July 2, 1937, P.L. 2793, 53 PS § 1173. On the pleadings and after argument the court below concluded that the petitioners had failed to disclose any interest in the school property and dismissed the petition. The petitioners have appealed.

On September 23, 1893, Adam and Mary Ryder, husband and wife, conveyed to the School Directors of Quincy Township, Franklin County, a parcel of one hundred thirty perches out of a tract of one hundred twenty-five acres of land, reserving to themselves, their heirs and assigns, a reversionary interest in the event that the ground be abandoned for school purposes. Since 1893 the land had passed through successive public school administrations into the ownership of the Board of School Directors of the Quincy Merged School District. On February 1, 1951, the board, acting under section 2 of the Act of 1937, 53 PS § 1172, acquired a fee simple title in the real estate. In August of 1955

[ 188 Pa. Super. Page 132]

    the property was sold at public auction and conveyed to the purchasers at the highest bid of $1,550. On March 16, 1957, the petitioners filed their petition requesting the court to determine their interest, if any, in the reversion and to award them a share of the proceeds of the sale under section 3 of the Act of 1937, 53 PS § 1173.

The petitioners apparently claim to own approximately ninety-nine acres and sixty perches of the original Ryder tract of one hundred twenty-five acres, which they acquired from successors in title of Adam and Mary Ryder. The balance of the original tract is owned in various parcels by numerous other individuals. The land of the petitioners does not abut on, and is not contiguous to, the school property.

A reversionary interest such as the Ryders retained is not subject to the rule against perpetuities and may be inherited, conveyed, or released. London v. Kingsley, 368 Pa. 109, 116, 81 A.2d 870; Graybill v. Manheim Central School District, 175 Pa. Superior Ct. 415, 419, 106 A.2d 629.

The petitioners claim as assignees of the successors in title of Adam and Mary Ryder. It appears that Mary Ryder, who acquired the one hundred twenty-five acre tract in March of 1893, died, intestate, seized of the one hundred twenty-five acre tract less the school lot and several other small parcels totaling approximately twenty-one acres. On March 18, 1902, the heirs of Mary Ryder conveyed eighty-nine acres and one hundred fifteen perches, more or less, to Susan Frey. On April 13, 1913, Susan Frey conveyed that property together with other lands to Harry P. Spangler. On January 17, 1925, Harry P. Spangler made a ...


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