Legal Opinion

Lynn's Appeal

Supreme Court of Pennsylvania

Decided July 1, 1857PublishedCited by 5 opinions

Appeal from the Orphans’ Court of Fayette county. On the 31st August 1840, Ayres Lynn made his last will and testament, in writing, which was proved the 3d December of the same year, and in which he bequeaths all his personal estate, after payment of debts, to his wife Charlotte Lynn, and adds : “ I also give and bequeath unto my wife Charlotte above named, all the profits and proceeds that may arise from all and every part of my real estate, during the term of her natural…

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Appeal from the Orphans’ Court of Fayette county. On the 31st August 1840, Ayres Lynn made his last will and testament, in writing, which was proved the 3d December of the same year, and in which he bequeaths all his personal estate, after payment of debts, to his wife Charlotte Lynn, and adds : “ I also give and bequeath unto my wife Charlotte above named, all the profits and proceeds that may arise from all and every part of my real estate, during the term of her natural life.” He also directed that, after the death of his wife, his real estate should be sold by his executors, and the…

1Opinion of the Court

The opinion of the court was delivered by

Lewis, C. J.

The executor of Ayres Lynn has been charged *46by the Orphans’ Court with $212.37 for “ timber, lime and coal, taken from the freehold, to the prejudice of the reversionary interests,” while he was in possession of the land as the tenant of the widow, who held the estate for life. If the coal mines and limestone quarries were open when the life estate commenced, it is very clear that the tenant for life had a right to work them. If the timber was cut in the process of clearing the land, or for other purposes required in the reasonable…

2Cited by5 opinions

  1. Knox's Estate (No. 1)Supreme Court of Pennsylvania · 1937
  2. Hastings v. CrunckletonSupreme Court of Pennsylvania · 1801
  3. Morris v. KnightSuperior Court of Pennsylvania · 1900
  4. Doverspike v. ChambersSupreme Court of Pennsylvania · 1986
  5. United States v. SchofieldDistrict Court, E.D. Pennsylvania · 1959

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