Leven Good's Estate

Citations

• 38 Pa. Super. 491

Syllabus

<p>Executions — Judicial sale — Liens—Decedents’ estates — Sheriff’s sale — ■ Widow’s election — Devise at valuation.</p> <p>1. The policy that judicial sales shall pass land clear of all liens, other than those expressly saved by statute, is of general application, and the exceptions to it may be reduced to three classes: (1) Where liens are created by last wills and testaments as permanent provisions for wives and children; (2) where from the nature of the incumbrance it will not readily admit of valuation; and (3) where it is plain from the agreement of the parties that the incumbrance was intended to run with the land.</p> <p>2. When lands are devised, or the lands of an intestate are taken under proceedihgs in partition subject to a charge the interest of the amount to be paid to the widow during her lifetime, or widowhood, and the principal to be paid to the heirs or legatees upon the happening of the contingency which determines the widow’s interest, a sheriff’s sale of the land upon a lien attaching after the heir or devisee has acquired title and before the happening of the contingency which determines the estate of the widow, will not discharge the lien of the principal secured</p> <p>to the heirs or legatees, nor will it discharge the installments' of interest subsequently becoming payable to the widow, although the accrued and annual payments to the widow are payable out of the proceeds of the sheriff’s sale and thereby discharged.</p> <p>3. When land is by deed, will or proceedings in partition, made subject to a charge the 'interest upon which is to be paid to the widow annually during her life and at her death the principal to be paid to the heirs or legatees of the decedent, the death of the widow renders the amount of the charge or lien and the interest thereon immediately ascertainable ; it is then due and there is no reason for its remaining longer an incumbrance when the contingency upon which the principal of the charge was to become due and pay