Appeal from decree of Orphans' Court of Lycoming County, Nov. T., 1963, No. 42, in re estate of Bertha W. Michael, deceased.
John C. Youngman, Jr., with him Candor, Youngman, Gibson & Gault, for appellant.
Ambrose R. Campana, with him Campana and Campana, for appellees.
Bell, C. J., Musmanno, Jones, Cohen, Eagen, O'Brien and Roberts, JJ. Opinion by Mr. Justice Jones. Mr. Justice Cohen and Mr. Justice Roberts dissent.
This is an appeal from a decree of the Orphans' Court of Lycoming County entered in a proceeding brought under the Uniform Declaratory Judgments Act (Act of June 18, 1923, P. L. 840, 12 P.S. § 831 et seq.). The purpose of the proceeding was to obtain an interpretation and construction of a deed to determine whether the decedent, Bertha W. Michael, died owning any interest in realty located in Wolf and Moreland Townships, Lycoming County, known as "King Farm."
On February 24, 1947, Joyce E. King deeded certain real estate in Lycoming County, known as "King Farm", to Harry L. Michael and Bertha M. Michael,*fn1 his wife, and Ford W. Michael (son of Bertha and Harry L. Michael) and Helen M. Michael, his wife. The pertinent provisions of the lawyer-drawn deed are as follows: "This Indenture Made the 24th day of February in the year of our Lord one thousand nine hundred forty-seven (1947).
"Between Joyce E. King, widow, of Milton, North-umberland County, State of Pennsylvania, party of the first part, Harry L. Michael and Bertha M. Michael, his wife, tenants by the entireties and Ford W. Michael
and Helen M. Michael, his wife, as tenants by the entireties, with right of survivorship, of Hughesville, Lycoming County, Pennsylvania, parties of the second part." (Emphasis supplied).
". . . have granted, bargained, sold, aliened, enfeoffed, released, conveyed and confirmed and by these presents does grant, bargain, sell, alien, enfeoff, release, convey and confirm unto the said parties of the second part, their heirs and assigns.
"To Have and To Hold the said hereditaments and premises hereby granted or mentioned and intended so to be with the appurtenances unto the said parties of the second part, their heirs and assigns to and for the only proper use and behoof of the said parties of the second part, their heirs and assigns forever."
Harry L. Michael died prior to February 20, 1962 leaving to survive him his wife, Bertha W. Michael and two sons, Ford W. Michael, one of the ...