Estate of Lazarus
Pennsylvania Orphans' Court, Luzerne County
No. 85 January Term 1891, Sup. Ct.; court below, number and term not shown. On November 2,1889, George Lazarus and Chester B. Lazarus, administrators of the estate of Thomas Lazarus, deceased, filed their first and partial account, in which they charged themselves with “purchase moneys received” under a certain so-called lease of coal lands dated April 13, 1871, hereinafter mentioned, the said amounts being as follows: Amount received January 22,1889, . . |1,645 Amount…
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No. 85 January Term 1891, Sup. Ct.; court below, number and term not shown. On November 2,1889, George Lazarus and Chester B. Lazarus, administrators of the estate of Thomas Lazarus, deceased, filed their first and partial account, in which they charged themselves with “purchase moneys received” under a certain so-called lease of coal lands dated April 13, 1871, hereinafter mentioned, the said amounts being as follows: Amount received January 22,1889, . . |1,645 Amount received April 12,1889, . . . 1,645 Amount received July 15, 1889, .... 1,645 Amount received October 14, 1889, . . . 1,645…
1Opinion of the Court
Opinion,
Me. Justice Steeeett :
The conveyance made by Thomas Lazarus is not distinguishable either in form or in purpose from that which was the subject of construction in Hope’s App., 33 Pittsb. L. J. 320; and which was held to constitute a sale of the coal. They are both in form leases for a term of ninety-nine years ; both give the grantees an absolute and exclusive right to take out all the available coal in the tracts described; and both exact the payment of a stipulated sum, without regard to whether coal shall be taken out or not within that period. It is obviously immaterial that in…
2Cases cited1 opinion
3Cited by28 opinions
- Smith v. Glen Alden Coal Co.Supreme Court of Pennsylvania · 1943
- Shenandoah Borough v. PhiladelphiaSupreme Court of Pennsylvania · 1951
- Boron v. SmithSupreme Court of Pennsylvania · 1955
- Hummel v. McFaddenSupreme Court of Pennsylvania · 1959
- Robinson v. PierceSupreme Court of Pennsylvania · 1924
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