Mansell's Estate
Pennsylvania Court of Common Pleas, Philadelphia County
This cause came before the Court on exceptions filed to the report of tbe Master, Mr. Clay. The material exception arose under these circumstances:— In the year 1815, Mr. Mansell, the testator, had purchased at Orphans’ Court sale, under proceedings in partition, two houses in Vine street, part of the estate of Jesse Oat, deceased.
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This cause came before the Court on exceptions filed to the report of tbe Master, Mr. Clay. The material exception arose under these circumstances:— In the year 1815, Mr. Mansell, the testator, had purchased at Orphans’ Court sale, under proceedings in partition, two houses in Vine street, part of the estate of Jesse Oat, deceased. These houses were conveyed by Oat’s administrators to Mansell for the consideration of $4800, by a deed dated December 26, 1815, which deed recited the proceedings in the Orphans’ Court. The same day Mansell gave his bond and mortgage of the premises to the…
1Opinion of the Court
The opinion of the Court was delivered by
King, President. —
It is a perfectly settled rule of equity, that the devisee of lands which the devisor has before or after making his will charged with a mortgage, is entitled to have his land exonerated therefrom out of the testator’s personal estate, unless the will indicates an intention that the devisee should take cum onere. Such intention must, however, he manifested by the will in a clear and unambiguous manner. Hence it has been held that a devise of lands subject to the mortgage or encumbrance thereon, does not throw the charge on the estate…
2Cases cited7 opinions
- Fisher v. KeanSupreme Court of Pennsylvania · 1832
- Stewart v. MartinSupreme Court of Pennsylvania · 1834
- Mix v. AcklaSupreme Court of Pennsylvania · 1838
- Good v. GoodSupreme Court of Pennsylvania · 1838
- Turner v. HauserSupreme Court of Pennsylvania · 1833
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