Conner's Estate

Citations

• 239 Pa. 449
• 86 A. 1023
• 1913 Pa. LEXIS 586

Syllabus

<p>Trusts — Life tenant and remainderman — Damages for taking property — Distribution.</p> <p>Where property belonging to a trust in which one person had a life interest and another an interest in remainder was taken in part by the City of Philadelphia, under its power of eminent domain, and damages were assessed, and subsequently on account of a change in the location of a boulevard the entire property was taken at a price agreed upon, the entire sum is to be treated as principal in the absence of any evidence to show that any part of it represented compensation for loss of rentals. The fact that for a considerable period the property had been unproductive pending the proceedings by the city does not change the matter. The life tenant, in these circumstances, is no more entitled to an allowance or apportionment from the principal of the estate than he would be if the premises were destroyed by fire and remained without a tenant until the rebuilding was completed from the insurance moneys.</p>