Mosser v. Lesher

Citations

• 154 Pa. 84
• 25 A. 1085
• 1893 Pa. LEXIS 843

Syllabus

<p>Will — Annuity—Charge on land.</p> <p>Testator devised a tract of land with a tannery thereon to his son John. He further directed as follows: “ My son John shall receive a deed free from all incumbrances; it is reserved that he is not to take any water out of the race or creek except for the purpose of running his tannery; if the water should be low, and should not flow through the pipes, he must dip it out of the race, for which water, my son John shall tan, yearly, for my son Joseph, one calf skin and one beef hide, the same to be done free of charge, and fit for use. My son Joseph is to furnish the hides.” Testator devised to his son Joseph a tract of land on which was a grist and sawmill. The race conveying the water to drive these mills passed for a part of its course over the tract devised to John. Held, that the right to have hides tanned given to Joseph was in the nature of a personal legacy, and did not pass to the alienee of the mill tract devised to Joseph.</p>