Miller's Estate
Supreme Court of Pennsylvania
Miller's Estate, 251 Pa. 201 (Pa. 1915)
96 A. 473; 1915 Pa. LEXIS 658
Brown, Frazer, Moschzisker, Potter, Stewart
Miller's Estate
Opinion of the Court
The manifestly correct conclusion of the auditor and learned court below was that the deed from S. L. McCullough, dated October 15, 1906, to Alexander B. Miller,for a reconveyance of the coal, was accepted by the latter in payment and satisfaction of his purchase-money mortgage. It therefore followed that the said coal was real estate of the decedent, as to which he died intestate, and the decree of the court below must be affirmed.
Decree affirmed at appellant’s costs.
Reference
- Cited By
- 3 cases
- Status
- Published
- Syllabus
- Wills — Construction—Conversion—Devise—Revocation by sale —Mortgage—Satisfaction. A testator provided by will, “I direct that my farm......be sold by my executors at public or private sale as they may think best and convey the same to the purchaser by as good a deed as I could if living,” and after making certain specific devises bequeathed all his personalty in equal shares to his wife and daughter. Prior to the execution of the will testator had sold the coal underlying the farm in question and held a mortgage on same, and after the execution of the will sold the farm and bought back the coal. The deed reconveying the coal stated that the consideration therefor was that the mortgage should be accepted by the testator so as to relieve the mortgagor of his liability for the original purchase-money which was secured by the mortgage. Held, that the mortgage thereby became satisfied, and that testator died intestate as to the coal, which passed as real estate, to his heirs.