McClintock's Appeal
Supreme Court of Pennsylvania
Appeal from the Orphans’ Court of Lycoming county: No.'82, to July Term 1872. In the matter of the account of Lafayette McClintock, administrator, &e., of John Strawbridge, deceased. On the 13th of May 1865, Strawbridge conveyed to McClintock a tract of 130 acres of land; in the conveyance was this reservation : “ The party of the first part doth hereby reserve all the pine and hemlock timber, also the mineral that may be found on said premises, to his own use and advantage.
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Appeal from the Orphans’ Court of Lycoming county: No.'82, to July Term 1872. In the matter of the account of Lafayette McClintock, administrator, &e., of John Strawbridge, deceased. On the 13th of May 1865, Strawbridge conveyed to McClintock a tract of 130 acres of land; in the conveyance was this reservation : “ The party of the first part doth hereby reserve all the pine and hemlock timber, also the mineral that may be found on said premises, to his own use and advantage. The said Lafayette McClintock, in case he should want to clear any part of the land, the owner of said timber is to…
1Opinion of the Court
The opinion of the court was delivered, by
Williams, J.
The Orphans’ Court was clearly right in deciding that the pine and hemlock timber reserved by the decedent in his deed to the administrator was personal property, and in charging him with its value. In agreements for the reservation or sale of growing timber, whether the timber is to be regarded as personal property or an interest in real estate, depends on the nature of the contract and the intent of the parties.
If the agreement does not contemplate the immediate severance of the timber it is a contract for the sale or reservation of an…
2Cited by18 opinions
- Edgcomb v. CloughSupreme Court of Pennsylvania · 1922
- Strause v. BergerSupreme Court of Pennsylvania · 1908
- Zitney v. Appalachian Timber Products, Inc.Superior Court of Pennsylvania · 2013
- Morris Brothers Lumber Company v. David E. Eakin, Frances B. Eakin, John L. Eakin, Jr., Also Known as Lester Eakin, and Mary Louise EakinCourt of Appeals for the Third Circuit · 1959
- Grollman's EstateSupreme Court of Pennsylvania · 1922
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