Estate of Jones
Supreme Court of Pennsylvania
Appeal, No. 341, Jan. T., 1895, bj1" Jacob Van Reed, from decree of .0. C. of Berks Co., enforcing payment of arrears of an annuity charged on land with interest thereon. Petition for apportionment of charge on land. The case came up upon petition, answers and proofs.
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Appeal, No. 341, Jan. T., 1895, bj1" Jacob Van Reed, from decree of .0. C. of Berks Co., enforcing payment of arrears of an annuity charged on land with interest thereon. Petition for apportionment of charge on land. The case came up upon petition, answers and proofs. Bland, P. J., found the following facts: 1. That Samuel Jones died, testate, December 30, 1849, seized of a tract of land situate in Lower Heidelberg township, Berks county, containing 604 acres and 134 perches. That he appointed his son, Thomas H. Jones, and his sons-in-law, James Darrah and Jacob Van Reed, executors of his…
1Opinion of the Court
Opinion by
Mjb. Justice Mitchell,
The testator charged the land as a whole with the payment of $2,000. That sum was due therefore from the 604 acres, and from each and every acre equally with the rest. When the first sale took place in 1851 to Stitzel the parties, with the approval of the orphans’ court, adopted an apportionment of the charge according to the acreage. This undoubtedly left the remaining acres subject to $1,872 likewise charged on the whole and equally on each acre of it. When this remainder was sold in 1852 by the sheriff, it was divided, for reasons, and by authority which do…
2Cases cited3 opinions
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- Second & Third Street Passenger Railway Co. v. City of PhiladelphiaSupreme Court of Pennsylvania · 1866
- Assigned Estate of GibbleSupreme Court of Pennsylvania · 1890
3Cited by1 opinion
- Appeal of MartinSuperior Court of Pennsylvania · 1896