Green v. Simpson

Citations

• 49 Pa. Super. 334
• 1912 Pa. Super. LEXIS 326

Syllabus

<p>Will — Conversion—Life estate — Power of sale.</p> <p>1. A will which merely invests the executors with power to sell real estate and reinvest the proceeds thereof, in case a satisfactory-sale of the property can be made, does not convert such real estate into personalty, until the sale has actually been made.</p> <p>2. A devise, under such a will, to a son of “the use, occupancy, rents, issues and profits of all the estate, real and personal during his natural life,” gives to the devisee the right to the possession of the real estate, until such time as the executors see fit to exercise their discretion to sell, and he can maintain ejectment to enforce that right.</p> <p>Adverse possession — Strip of land — Sidewalk—Evidence—Title.</p> <p>3. The mere fact that a person lays a stone pavement on a strip of land, plants shade trees thereon, and uses the strip as a sidewalk for over twenty-one years does not give him title to the land by adverse possession, if it appears that he used the sidewalk in question in common with all other people in the community for the purpose of reaching a railroad station. All that he has acquired by the twenty-one years’ lease, is an easement of a right of way, and in the enjoyment of this easement he is entitled to protection.</p> <p>4. The possession which tolls the right of entry must not only be notorious, but adverse, hostile and exclusive as against the owner. The occupant must claim against all persons, and in subserviency to none. In other words, he must claim and act as if the land belonged to him.</p>