Dunkel v. Datesman

Citations

• 127 Pa. 348
• 17 A. 1086
• 1889 Pa. LEXIS 1122

Syllabus

<p>[To be reported.]</p> <p>1. The act of January 24, 1849, P. L. 677, prohibiting an execution sale of a life interest in real estate except upon notice to the life-tenant and with leave of court, etc., has no application to the sale of a life estate under a levari facias upon a mortgage given by the life-tenant, and such sale will pass his entire interest.</p> <p>2. Where an auditor appointed to distribute the proceeds of such a sale, finds upon sufficient evidence that the mortgage under which the property was sold was given for the benefit of the life-tenant alone, the remaindermen having joined in it to perfect the security, the mortgage debt, as well as the costs and the expenses of audit, must be paid out of the interest of the life-tenant.</p> <p>3. In distributing a balance remaining after payment of the debt and costs, where a life estate and the remainder are sold together under a mortgage given for the debt of the life-tenant, it is not error to fix the life interest at one third the value of the land, to charge against it the mortgago debt and all costs, and award to the remaindermen the other two thirds in cash.</p> <p>4. Two methods of distribution are lawful: One, to treat the surplus as real estate and direct its investment, until with its accumulations it reaches the value of the laud sold, and then award the interest on the amount to the life-tenant during life, and at Iris death the corpus to the remaindermen ; the other, to value the life interest, give the tenant thereof his share in cash, and divide the balance in cash to the remaindermen.</p> <p>5. A life-tenant is not to bo allowed, out of the proceeds of a sheriff’s sale of the entire estate in lands, the amount expended by Him for permanent improvements, when they were trilling and unimportant in character and there was no evidence adduced to show that they were made with the consent of the remaindermen.</p>