Kistler v. Chapot Chamois Co.

Citations

• 233 Pa. 163
• 82 A. 58
• 1911 Pa. LEXIS 478

Syllabus

<p>Will — Charge on land — Mortgage.</p> <p>Where a testator directs his executors “to invest” the sum of $10,000 in a particular piece of his real estate, and pay the interest on the same to his wife during her life, and directs that “the principal invested shall revert back to my legal heirs and representatives,” and the executors in pursuance of the will execute a mortgage to the widow for the sum of $10,000 on the property specified, providing for the payment of the interest to the widow for life, but wholly omitting any provision for the payment of the principal upon the widow’s death, the owner of the real estate at the time of the death of the widow cannot deny liability for the principal, if it appears that he had full notice in his line of title of the mortgage and what it was intended to embrace, and that his predecessors had always treated it as a mortgage and first lien upon the property for unpaid purchase money. In such a case the mortgage is payable to the executor of the testator, and not his children and the representatives of deceased children.</p>