Appeal of Rhoad

Citations

• 119 Pa. 468
• 13 A. 313
• 1888 Pa. LEXIS 568

Syllabus

<p>The will of a testator put upon two of his sons the maintenance of his widow during her lifetime, and devised to each a tract of land charged with a certain sum to be paid in annual instalments to his executor, directing in each devise that the deed and possession should be given when the younger son arrived at the age of twenty-óne years. Before the majority of the younger son, an interested legatee sought to compel the executor to account for instalments then claimed to be payable:</p> <p>Held, that, even if possession had been given the devisees upon the death of the testator, as was alleged, the annual instalments were not collectible by the executor until the majority of the younger son, when the devisees were legally entitled to the deeds and possession.</p>