Hall v. Donagan

Citations

• 186 Pa. 300
• 40 A. 493
• 1898 Pa. LEXIS 999

Syllabus

<p>Deed — Mortgage—Charge on land.</p> <p>Testator gave to his executors and trustees one third of his estate in trust for a daughter during her seclusion in a monastery. The executors under a power in the will sold and conveyed the land of the testator subject to the payment of interest on the daughter’s share during her life, and the payment of the principal of such sum to the persons entitled to it after her death. The deed was executed in May, 1856, but not acknowledged until November of the same year. On the day of the acknowledgment the grantee conveyed the real estate to the wife of one of the executors who was a son of the testator and the devisee of a third of the estate. No mention was made in this deed of the charge in favor of the daughter. On the same day the other son, who was also an executor and a devisee of another one third of testator’s estate, quitclaimed his interest to the wife of the first executor, who, to secure payment therefor, executed, with her husband, a mortgage dated as of the date of the deed in which the charge was created in favor of the daughter, but acknowledged on the day in November when the other papers were executed and acknowledged. The value of the property at the time these papers were executed was sufficient to cover both the charge and mortgage. Forty years afterwards when the land was sold it did not bring sufficient to pay both the charge and the mortgage. Held, that, in the distribution, the charge on the land was entitled to priority over the mortgage.</p>