Higinbotham's Estate

Citations

• 51 Pa. Super. 458
• 1912 Pa. Super. LEXIS 243

Syllabus

<p>Dower — Partition—Charge on land — Title in widow — Sale of coal by widow — Covenant against incumbrances — Successive conveyances — Inverse order.</p> <p>1. Where a widow’s dower has been charged on land in partition proceedings, and subsequently the widow acquired a fee in a portion of the land and thereafter conveys by a general warranty deed with covenant against incumbrances the coal under such portion, the grantee of the coal after the death of the widow cannot be called upon to contribute to the portion of the dower fund charged upon the land to which the widow had acquired a fee, until the surface which had passed to devisees under the widow’s will, has been exhausted.</p> <p>2. Where there have been successive conveyances of land incumbered by a common lien, the lands are chargeable in the hands of the grantees in the inverse order of the conveyances.</p>