Van Ormer's Estate

Citations

• 25 Pa. Super. 234
• 1904 Pa. Super. LEXIS 47

Syllabus

<p>Merger — Equitable merger, a question of intent.</p> <p>At law, a man cannot be his own creditor or debtor ; hence, when he acquires an estate subject to a charge in his own favor, the charge will, in law, merge in the estate. But in equity he may keep it in force, and it will be preserved or extinguished in accordance with the equities involved.</p> <p>Partition — Dower—Principal and surety — Bond—Merger.</p> <p>Where one of the parties in interest in partition proceedings purchases the land and gives a bond with surety to pay the owelties and a dower interest after the death of the widow to the heirs of the decedent, of which she is one, and the purchaser proves insolvent, so that the surety is compelled to pay a portion of the owelties, and there is nothing to show an intent that the purchaser’s interest in the dower fund should merge, bub the papers indicate a contrary interest, no merger will be allowed against the interest of the surety who had purchased the land.</p>