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· 2/20/1914

Mulhollem's Estate

Citations

  • 56 Pa. Super. 67
  • 1914 Pa. Super. LEXIS 43

Syllabus

<p>Wills — Construction—Tenant for years — Failure to repair — Act of May U, 1887, P. L. 188.</p> <p>Where testator appoints his widow as executrix and further directs that all of his real estate “shall be held by. my estate and the rents, issues and profits arising therefrom during the period of twenty years immediately succeeding my death shall be paid to my wife if she lives so long, she however, to pay all taxes, repairs, insurance and charges made thereof during said period,” and further directs a sale of the real estate at the end of the period of twenty years, the widow takes the real estate as a tenant for years, and not as executrix, and if she fails to make proper repairs the remedy against her is not in the orphans’ court by a rule for the appointment of a sequestrator, but in the common pleas by proceedings under the Act of May 24,1887, P. L. 188.</p>

Judges: Head, Henderson, Morrison, Orlady, Porter, Rice

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