Estate of Washburn

Citations

• 187 Pa. 162
• 40 A. 979
• 1898 Pa. LEXIS 783

Syllabus

<p>Practice, orphans' court — Bill of review — Joint executors.</p> <p>The Supreme Court will not reverse a decree of the orphans’ court setting aside the confirmation of a joint partial account of two executors, and permitting the representative of one of the executors who had died to file a separate account, where it appears that the deoeased executor had taken no active part in the settlement of the estate, had never had actual possession of any of the assets thereof, and that seventeen years had elapsed before any attempt had been made to hold the estate of the deceased executor for the devastavit of his coexecutor.</p> <p>Wills — Charges on land — Sheriff's sale.</p> <p>The exceptions to the rule that a sheriff’s sale discharges liens created by deed or will are (1) where liens are created by last wills and testaments as permanent provisions for wives and children; (2) where from the nature of the incumbrance it will not readily admit of valuation; (3) where it is plain that they were intended to run with the land.</p> <p>Testator directed his executors to invest a certain sum in mortgages on real estate and to pay the income to his daughter for life or, at her option, to invest the amount in real estate and secure to her the income thereof. At her death the principal sum invested or the real estate bought was to go to his granddaughter, to whom he also gave a money legacy payable immediately after his death. The remainder of his estate, real and personal, after paying and securing all legacies, was given to his son, one of his executors. Two and one half years after his son went into possession of the real estate which passed to him under the residuary clause of the will it was sold by the sheriff under a judgment obtained against him. Held, (1) that the will disclosed no intention to secure by a continuing lien a permanent provision for either daughter or granddaughter; (2) that the liens had been divested by the sheriff’s sale.</p>