Allshouse's Estate

Citations

• 23 Pa. Super. 146
• 1903 Pa. Super. LEXIS 28

Syllabus

<p>Mines and mining — Goal—Surface support.</p> <p>Where there has been a separation of the coal from the surface, the owner of the latter, in the absence of agreement to the contrary, has an absolute right to have his surface supported precisely as it was in its natural state.</p> <p>Will — Mines and mining — “ Usual mining privileges ” — Lateral support.</p> <p>Authority given by a testator in his will to his executor to sell and convey the coal underlying his lands “ with the usual mining privileges,” does not authorize the executor to sell and convey the coal and waive and release the right of surface or lateral support. In such a case an executor cannot be surcharged with money which he could have obtained by conveying the coal by a deed containing a waiver and release of the right of surface and lateral support.</p> <p>Will — Ambiguity—Extrinsic evidence.</p> <p>Where the language of a will is clear and unambiguous, a doubt suggested by extrinsic evidence of the testator’s circumstances at the time he wrote the will, cannot be permitted to affect the construction of the will.</p>