Graham v. Knowles

Citations

• 140 Pa. 325
• 21 A. 398
• 1891 Pa. LEXIS 845

Syllabus

<p>(а) A testatrix, entitled to an interest in land as one of her mother’s heirs at law, subject to the estate by the curtesy of her surviving father, and having no other estate, made her will, devising and bequeathing to certain cousins “ all my estate, both real and personal, that I shall inherit as my portion after my father's death.”</p> <p>(б) Twenty-one years after the date of the will, she came into possession of the land inherited from her mother. Subsequently she conveyed a part of it, reserving an annual ground-rent, with an agreement to extinguish the same upon receiving, in lieu thereof, several smaller ground-rents on subdivisions of the land so conveyed.</p> <p>(e) In compliance with said agreement, the testatrix accepted from her grantee an assignment of certain ground-rents reserved by him in conveyances to purchasers from himself of subdivisions of the land, and in consideration thereof she extinguished the original ground-rent, and died seised of the ground-rents so assigned to her:</p> <p>1. The testatrix did not die intestate as to any portion of her estate. So much of the land, inherited from her mother, as she died seised of, passed under the provisions of her will to the persons therein named as devisees: Graham v. Grugan, 132 Pa. 79 ; and the ground-rents assigned to her, clearly representing a portion of the real estate so inherited, passed also to said devisees.*</p>