Murray's Estate

Citations

• 216 Pa. 270
• 65 A. 675
• 1907 Pa. LEXIS 798
• 3 A.F.T.R. (P-H) 3207

Syllabus

<p>Mines and mining — Coal lease — Royalties—Decedents’ estates.</p> <p>Where a lessor and a lessee at the time of the death of the former had treated a coal lease as in full force and effect without any election on the' part of the lessor to forfeit it for breach of any of its conditions, and the lessee has substantially performed his covenants or made a bona fide attempt to do so, and the widow of the lessor has become entitled to one-half the royalties by electing to take against the will, and both the widow and the executor of the lessor have requested the court to find that the lease was a sale of coal in place, and the court so finds, the widow cannot be deprived of one-half the royalties received by the executor from the coal that had been mined, by any action of his in attempting to declare a forfeiture of the lease after the death of the lessor.</p>