Neikirk & Dietrich v. Lamaster

Citations

• 261 Pa. 571
• 104 A. 759
• 1918 Pa. LEXIS 791

Syllabus

<p>Beal estate — Charges upon land — Assignee for creditors — Public sale — Purchase by person for whom charged — Payment of bid— Claim for deduction — Refusal. :</p> <p>1. A sum charged by law upon real estate cannot be divested by any act of the devisee of the land nor by his assignee for creditors, even under an order of court authorizing the sale of the property.</p> <p>2. Where a testator devised a farm to his son and charged thereon $3,000 during the natural lifetime of his wife and provided “interest upon said sum at 5 per cent, shall be paid to her semiannually by the son......” and thereafter the farm was sold by the assignees of the son “subject to the above charge in favor of Sarah E. Lamaster” and the wife bought the farm and agreed to pay the purchase-money “according to the conditions of the sale and in all respects to keep and comply with the same,” the wife was not entitled to deduct from the amount of her bid the amount of the charge- in her favor, as the charge was not for the payment of that sum, but only to secure to her the payment of the interest on the sum charged.</p>