Smith v. Metzger

Citations

• 32 Pa. Super. 596
• 1907 Pa. Super. LEXIS 58

Syllabus

<p>Will — Devise—Description of land — Boundaries.</p> <p>Testator owned land on which were two dwelling houses facing a street. The land extended within parallel lines back to another street. In the rear of the two houses on the portion of the land abutting on the back street testator built a bakehouse, which he operated until he went out of business a year prior to the execution of his will. About ten years prior to the date of his will he erected a fence separating the land appurtenant to the bakery from that adjoining the houses. In this fence were openings used as access to the bakery. At the time of his death testator occupied one of the houses, and rented the other to a nephew. The bakery was rented to a firm which had succeeded testator in business. By his will testator devised (his) “my dwelling house and lot attached thereto ” to his sister. By a codicil he devised to the same sister the dwelling house occupied by his nephew and the land attached thereto. He gave, devised and bequeathed the entire remainder of his estate to others. Held, that the residuary devisees were entitled to the land occupied by the bakery.</p>