Agnew's Estate

Citations

• 17 Pa. Super. 201
• 1901 Pa. Super. LEXIS 280

Syllabus

<p>Life tenant — Oil lease — Royalties—Contract—Act of February 24, 1834, P. L. 74.</p> <p>Where a tenant for life and a remainder-man join in an oil lease, and in an agreement, by which the annual rental payable in advance was to be divided during the life tenant’s life, in proportion of two thirds to the life tenant and one third to the remainder-man, and after the life tenant’s dealh the entire amount was to go to the remainder-man, and it appears that on the day the rent became due two thirds of it was paid to the life tenant who died thirty-five days thereafter, the remainder-man has no right to collect from the life tenant’s estate any portion of the rental which had been paid to the life tenant in the latter’s lifetime.</p> <p>Statute of limitations — Executors—Legal demand.</p> <p>■ Where a written statement of claim against a decedent’s estate is presented to the auditor appointed to audit the account of the decedent’s executor, and the statement is answered by an affidavit of the executor, the running of the statute of limitations is barred by the presentation of the claim to the auditor.</p>