Bannerot v. Bannerot

Citations

• 238 Pa. 606
• 86 A. 489
• 1913 Pa. LEXIS 1020

Syllabus

<p>Fixtures — Trade fixtures — Real estate — Business conducted in trade name — Contest between personal representatives and heirs or devisees.</p> <p>1. Tbe fact that a person who owns a building conducts a business therein under a trade name and keeps the books of the business under such name, does not affect his relation to the building and the machinery and fixtures contained in it, and when he dies, devising the property in question to his sons and wife, the ordinary rule as to what are or are not removable fixtures as between the personal representative and the heirs or devisees of the deceased applies.</p> <p>2. The general rule as to fixtures is that when the owner of land in fee puts machinery and appliances upon it for the purpose of carrying on a business for which the building in which they are erected is adapted, and the whole constitutes a plant for the carrying on of a particular business, such articles are to be deemed part of the freehold, and to pass to the vendee, devisee or heir of the party annexing them.</p>