Youghiogheny River Coal Co. v. Pierce

Citations

• 153 Pa. 74
• 25 A. 1026
• 1893 Pa. LEXIS 1052

Syllabus

<p>Mines and mining — Devise of mining right, not appurtenant to land— Will.</p> <p>Testator by his will provided as follows: “ To my second son, John, I give and bequeath the farm or plantation he nowi occupies, to be enjoyed by him, his heirs and assigns forever, with free privilege of taking what coal he wants for his own use or plantation off the home plantation.” When the will was made there was an open mine on the home plantation, but there was none on the farm occupied by John. Held, that the privilege of taking coal from the home plantation was personal to John, and did not pass to his successors in title to the land devised to him.</p>