Railroad v. Boyer
Supreme Court of Pennsylvania
Error to the Common Pleas of Berks county. It was a venire issued on the petition of Boyer, executor of the will of the widow Luther, to assess damages for the construction of the Reading Railroad through land in which she had a life estate. Her husband devised to her a piece of land containing twenty-eight acres during her life. He directed other lands, containing in all about 58 acres, to be sold by his executors, and conveyed in fee simple.
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Error to the Common Pleas of Berks county. It was a venire issued on the petition of Boyer, executor of the will of the widow Luther, to assess damages for the construction of the Reading Railroad through land in which she had a life estate. Her husband devised to her a piece of land containing twenty-eight acres during her life. He directed other lands, containing in all about 58 acres, to be sold by his executors, and conveyed in fee simple. Subsequently an agreement was signed by most of the heirs of the testator, including two of them who were executors of the will, to the following…
1Opinion of the Court
The opinion of the court was delivered by
Coulter, J.
The proceeding must be at the instance and suggestion of the owner of the land; because such is the distinct requirement of the statute. But it was so in the case on hand. The widow Luther was the owner when the damages were occasioned, and they survived by our statute to her personal representative. The heirs or rather devisees of her deceased husband joined in a release or conveyance to her during her life of the locus in quo, for a good and sufficient consideration, and the executors of the testator joined in the release. In consideration…
2Cases cited1 opinion
- Stub v. LeisSupreme Court of Pennsylvania · 1838
3Cited by2 opinions
- Adams v. New KensingtonSupreme Court of Pennsylvania · 1953
- Ellis Concrete Products Co. v. Pennsylvania Turnpike Commission, Pennsylvania Court of Common Pleas, Montgomery County1957