South Mahoning TP. v. Marshall

Citations

• 138 Pa. 570
• 21 A. 79
• 1891 Pa. LEXIS 1135

Syllabus

<p>(«) A testator, after a specific bequest to his wife and a bequest of the residue of his estate to his children, devised his farm to his son David in fee, but provided: “ My wife shall have as much room of the house as she may need, or as my son David and her may determine; also barn room for her stock.”</p> <p>(6) A codicil to the will appointed David guardian of his son John, who was weak-minded but able-bodied, as to the money that should come to him under the will, directing that John “ shall remain on said farm with my beloved wife and son David who shall care for him in all his actual wants.”</p> <p>(c) David took possession of the farm under the will, and subsequently conveyed it with a condition that his grantee, in addition to the consideration expressed, “ should be bounden by every obligation imposed upon the said David, his heirs and assigns,” by the said last will and testament:</p> <p>1. A charge upon land can be created only by express words or manifest implication. Without this, the main intent was to secure to John the personal care of his kindred. The charge, therefore, was personal; and, whatever the liability of the grantee of the land, it arose from the covenant in his line of title and was not enforceable in the Orphans’ Court.</p>