Conlan v. Conlan

Citations

• 20 Pa. Super. 45
• 1902 Pa. Super. LEXIS 179

Syllabus

<p>Will — Bond—Contract—Delivery—Ejectment.</p> <p>Where a testator executes a will by which he devises real estate to his son subject to the payment of a monthly sum to testator’s sister, and at the same time testator takes from his son a bond conditioned for the payment of a monthly sum during the testator’s life and also the payment of a monthly sum to testator’s sister to commence after testator’s death, and both the will and the bond are placed in a sealed envelope which is delivered to a third person to be held during the lifetime of the testator and delivered after his death to the devisee, and it appears that at the time of testator’s death the son had paid to his father a sum sufficient in the aggregate to constitute the monthly payments during the lifetime of his father as provided for in his bond, and it also appears that the sister of testator, after the latter’s death, had accepted monthly payments from the son receipting for the same as “ being the amount due me under the will of the said decedent,” the son is entitled to the real estate under the will and bond, as against an agreement made later in date between the testator and his sister, by which the latter was to have the real estate during her life, and the son's title is such that he may maintain ejectment against his aunt for the possession of the real estate.</p>