Sutton's Estate

Citations

• 13 Pa. Super. 492
• 1900 Pa. Super. LEXIS 185

Syllabus

<p>Contract — Payment for improvements — Measure of value — Interest.</p> <p>The son and executor of decedent being indebted to the estate for a farm •sold him by his father on credit, an agreement was entered into between the son and the other executor and such heirs and residuary legatees as had attained full age, for return of the farm, the contract providing that the aggregate amount of the value of the improvements should first be allowed .and paid to the son before distributing the proceeds arising from said lands ’ .among parties hereto under the will, etc. Held, That payment of the allowance for the improvements was not limited to the premises upon which the improvements had been placed nor to the proceeds of the premises if sold, but is a debt due by the estate and payable out of the fund for •distribution; but the estate being solvent and the executor having neglected for years to pay himself the debt or the current interest thereon, a •credit for the interest cannot be allowed in the absence of positive proof .showing the necessity for deferring the payment of principal and interest.</p> <p>Evidence — Unexplained interlineation — Admission of document — Appeal.</p> <p>When it appears from the record that a document containing an unexplained interlineation is offered in evidence without objection, the appellate court is warranted in assuming that the appellants had opportunity for examination of the document or that they were willing to admit it in •evidence without examination.</p> <p>Measure of valuation of improvements — Contract.</p> <p>The agreement in this case permitting re-entry upon the real estate upon ■certain conditions, among them payment to vendee for all the improvements he has or may make thereon, the measure of valuation in settle-ment is the cost of the improvements and not the enhanced value of the land ■which is the measure applied in actions for niesne profits.</p>