Irwin v. Monongahela Consolidated Coal & Coke Co.

Citations

• 238 Pa. 558
• 86 A. 491
• 1913 Pa. LEXIS 1010

Syllabus

<p>Executors and administrators — Sale of land for payment of debts —Purchase by executor — Trusts and trustees — Recitals—Estoppel.</p> <p>Where by the will of testatrix a farm was devised to her three grandsons, subject to a life estate in their father who was named as executor, and eight years after the admission of the will to probate the executor under an order from the Orphans’ Court sold the land in question for the payment of debts and secured an immediate reconveyance of the same to himself from the purchaser at the sale, the presumption is that the executor bought the property as trustee for himself and sons for the purposes of the will, which presumption becomes conclusive as against his successors in title when it appears that twenty-six years after the sale the executor purchased from one of his sons a one-third interest in the farm by a deed which recited that the interest purchased had been acquired by the son under his grandmother’s will, and that later executor conveyed the one-third interest so acquired to another son by a deed reciting that the land conveyed was part of the tract bequeathed by the will and later by deed of his son conveyed to the executor grantor.</p>