Crawford v. Forest Oil Co.

Citations

• 208 Pa. 5
• 57 A. 47
• 1904 Pa. LEXIS 689

Syllabus

<p>Will — Devise—Life estate — Children.</p> <p>A devise to a son “ and to his children” with a direction that the son shall pay certain legacies, vests a life estate in the son, and an estate in remainder in the son’s children living at testator’s death, subject to be opened to let in after-born children.</p> <p>Trespass — Oil—Action—Practice, C. P__Life estate.</p> <p>Trespass is the proper remedy for the recovery of damages for oil taken from land.</p> <p>A tenant under an oil lease executed by one having an estate for life, who continues to take oil after the death of the life tenant may be sued in trespass by the remainderman. In such a case the measure of damages is the difference between what oil sells for in the market and the cost of production.</p>