Cruzen v. Boughner

Citations

• 196 Pa. 12
• 46 A. 103
• 1900 Pa. LEXIS 462

Syllabus

<p>Will — Devise—Contradictory clauses — Devise of coal.</p> <p>Testator devised a farm which he described as the “ W ” farm to his son by language which imported a fee simple title in the land. In a subsequent clause he devised to all of his children as tenants in common “ the whole nine-feet vein of coal underlying the lands mentioned in this my will.” By a codioil made some years afterwards he revolted certain provisions for a daughter “ excepting the one, referring to her interest in the nine-feet vein of coal mentioned in my first will and testament. . . . The nine-feet vein of coal mentioned in my first will and testament is underlying the two farms known as the ‘ M ’ and ‘ K ’ farms.” The evidence showed that the nine-feet vein was an opened mine worked for years at the date of the will, and lying underneath the “ M” and “ K ” farms. It was not known at the time of the will, nor during the eleven years which elapsed to testator’s death, nor until several years thereafter, that the nine-feet vein was accessible on the “ W” farm. Held, that the son to whom the “ W” farm was devised took a fee simple title in both surface and coal in the farm devised to him.</p>