McFadden's Estate
Supreme Court of Pennsylvania
Appeal, No. 56, Jan. T., 1909, by the Equitable Trust Company, trustee, from decree of O. C. Phila. Co., July T., 1895, No. 15, dismissing exceptions to adjudication in estate of Charles McFadden, deceased. Exceptions to adjudication of Andeeson, J. From the record it appeared that Charles McFadden at his death in 1895, owned the coal underlying about 2,400 acres of land within Cambria county, Pennsylvania.
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Appeal, No. 56, Jan. T., 1909, by the Equitable Trust Company, trustee, from decree of O. C. Phila. Co., July T., 1895, No. 15, dismissing exceptions to adjudication in estate of Charles McFadden, deceased. Exceptions to adjudication of Andeeson, J. From the record it appeared that Charles McFadden at his death in 1895, owned the coal underlying about 2,400 acres of land within Cambria county, Pennsylvania. This he acquired by purchase from various persons, in some cases acquiring also the surface and in other cases only the coal. Prior to his death he made a verbal agreement with the Black…
1Opinion of the Court
Opinion by
Mr. Justice Elkin,
The question to be determined here is whether the royalties required to be paid under the coal mining lease executed by virtue of the authority and decree of the orphans’ court of Cambria county in 1908, shall be deemed income payable to the widow under the terms of the will, or shall they pass into the residuary estate as principal to be invested by the trustee, the income only of the invested sum to be paid the widow. There is no difficulty as to the application of the underlying principles upon which the decision of this case rests. If the coal lands described…
2Cited by19 opinions
- In Re the Estate of CampbellHawaii Supreme Court · 1963
- Poole v. Union Trust Co.Michigan Supreme Court · 1916
- Knox's Estate (No. 1)Supreme Court of Pennsylvania · 1937
- In re the Estate of CampbellHawaii Supreme Court · 1958
- Nelson v. Republic Iron & Steel Co.Court of Appeals for the Eighth Circuit · 1917
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