McFadden's Estate

Citations

• 224 Pa. 443
• 73 A. 927
• 1909 Pa. LEXIS 821

Syllabus

<p>Mines and mining — Principal and income — Coal royalties — Life estate.</p> <p>Where a testator devises the residue of his estate to a trustee to -pay the net income therefrom to testator’s wife for life and the principal over, with no power of sale, royalties from a coal lease of land with no open mine thereon, made by the trustee after the testator’s death, are to be considered principal and not income; and this is the case although the testator in his lifetime agreed to lease another tract of coal land adjoining the tract leased by the trustee, and a mine was opened thereon in testator’s lifetime.</p>