Appeal of Danforth

Citations

• 121 Pa. 359
• 15 A. 635
• 1888 Pa. LEXIS 672

Syllabus

<p>•A testator bequeathed legacies to be paid annually “out of the rents accruing under and from ” a lease of coal lands, to the W.-B. C. & I. Co., “ so long as the said lease runs and produces rents sufficient at least to pay the legacies herein charged thereon; ” providing further: “ The bequests made.....I will and direct shall be paid out only from the rents of the W.-B. C. & I. Co.,.....and no other part of my estate is charged therewith.”</p> <p>After the testator’s death, and on the application of the residuary devisees, the lease was decreed to be forfeited and at an end because of non-payment of rents, when a new lease was executed to new grantees, under which the residuary devisees received rents sufficient for the annual payment of the bequest: The legatees proceeding to enforce payment, held:</p> <p>1. That the bequests were not extinguished- by the forfeiture of the lease but were charged upon and continued payable out of the rents or product of the specific property then under lease, when rents were received sufficient to pay them: Shupp v. Gaylord, 103 Pa. 319.</p> <p>2. That the Orphans’ Court had jurisdiction to decree the liability of the residuary devisees for the payment of said bequests, and that in default of payment, the land should be sold by levari facias subject to future instalments becoming payable, and to the rights of the lessees under the second lease made.</p>