Irwin v. Monongahela Consolidated Coal & Coke Co.
Irwin v. Monongahela Consolidated Coal & Coke Co.
Opinion of the Court
Opinion by
The common source of title in this ejectment is Margaret Irwin. The question of the right of the plaintiffs to recover was submitted to the jury, but the learned court below, in denying them a new trial, held that, under the record evidence in the case, a verdict ought to have been directed for the defendant. As this was a manifestly correct conclusion, we need not discuss the assignments of error, complaining of the charge, rulings on offers of evidence and answers to points. Margaret Irwin died seized of the land underlaid with the coal, for the recovery of two-thirds of which this ejectment was brought. By her will, dated October 4, 1831, and admitted to probate June 15, 1835, she devised this land to her three grandsons, John Brady Irwin, Joseph Irwin and Henry Fulton Irwin, subject to a life estate in it which she gave to their father, John Irwin, whom she named as her executor and to whom letters testamentary were duly issued. In 1843 — eight years after the will of the testatrix had been admitted to probate— John Irwin, her executor, obtained an order from the Orphans’ Court to sell the farm for the payment of the
The court below held that the Orphans’ Court had jurisdiction, eight years after the death of Margaret Irwin, to order a sale of her farm for the payment of debts. We need not pass upon that question, for, even admitting that the jurisdiction of the Orphans’ Court had been validly exercised, for whom did Irwin become a purchaser? When he sold the farm as executor he was a life tenant on it, with remainder in his three sons, and, having purchased at his own sale, through Wilson, a straw man, the presumption is that he bought the property and held title to it for the benefit of those interested in it before it was sold: Church v. Winton, 196 Pa. 107. In applying this rule in Shuman’s App., 27 Pa. 64, it was said: “It certainly is not necessary to decide now that an executor who buys at Ms own sale, or what is precisely the same thing, gets another to buy for him, holds the land on the same trusts that it was subject to before the sale.” This was said often before and has been often repeated since. The presumption that John Irwin bought the farm as trustee for himself and sons, and that he understood that he so took title, becomes conclusive in view of his purchase from his son, John Brady Irwin, of the one-third interest in the farm twenty-six years after he had become the purchaser at
Reference
- Full Case Name
- Irwin v. Monongahela Consolidated Coal and Coke Company
- Status
- Published
- Syllabus
- Executors and administrators — Sale of land for payment of debts —Purchase by executor — Trusts and trustees — Recitals—Estoppel. Where by the will of testatrix a farm was devised to her three grandsons, subject to a life estate in their father who was named as executor, and eight years after the admission of the will to probate the executor under an order from the Orphans’ Court sold the land in question for the payment of debts and secured an immediate reconveyance of the same to himself from the purchaser at the sale, the presumption is that the executor bought the property as trustee for himself and sons for the purposes of the will, which presumption becomes conclusive as against his successors in title when it appears that twenty-six years after the sale the executor purchased from one of his sons a one-third interest in the farm by a deed which recited that the interest purchased had been acquired by the son under his grandmother’s will, and that later executor conveyed the one-third interest so acquired to another son by a deed reciting that the land conveyed was part of the tract bequeathed by the will and later by deed of his son conveyed to the executor grantor.