Legal Opinion

Blodgett's Estate

Supreme Court of Pennsylvania

Decided May 23, 1916No. Appeal, No. 112PublishedCited by 10 opinions

Appeal, No. 112, Jan. T., 1916, by T. J. Blodgett, E. Y; Blodgett and Mary Drum, from decree of O. C. Luzerne Co., refusing a citation, in Estate of Asahel Blodgett. Petition for a citation.

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Appeal, No. 112, Jan. T., 1916, by T. J. Blodgett, E. Y; Blodgett and Mary Drum, from decree of O. C. Luzerne Co., refusing a citation, in Estate of Asahel Blodgett. Petition for a citation. The facts appear in the following opinion of Freas, P. J.: A. B. Blodgett, the grandfather of our petitioners, entered with others into a lease dated April 13, 1871, of all the coal under certain lands, for the term of ninety-nine years, in consideration of a fixed rate per ton for coal mined, but not less than a stipulated sum each year. Minimum royalties were paid until 1891, when the. mining operations…

1Opinion of the Court

Per Curiam,

We agree with the conclusion of the court below, that the coal royalties in question belonged to the widow, as life-tenant of the estate of her former husband, and as such they passed directly to her. As there were no debts of the husband, the intervention of the executor was un*215necessary. See Duffy’s Est., 209 Pa. 390. The order of the court below, refusing petition to compel the executrix to account, is affirmed.

2Cases cited1 opinion

  1. Duffy's EstateSupreme Court of Pennsylvania · 1904

3Cited by10 opinions

  1. Knox's Estate (No. 1)Supreme Court of Pennsylvania · 1937
  2. Waterman's EstateSupreme Court of Pennsylvania · 1924
  3. Plogstert EstateSupreme Court of Pennsylvania · 1944
  4. Arrott v. CommissionerUnited States Board of Tax Appeals · 1931
  5. Couch v. ThompsonSupreme Court of Pennsylvania · 1928

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