Wheeler v. Crawford
Supreme Court of Pennsylvania
Error to the Court of Common Pleas, No. 3, of Philadelphia county: Of January Term 1878, No. 58. Debt by George Crawford, substituted trustee in the place of John Holahan, under the will of Amos Holahan, deceased, against F. M. Wheeler and A. M. Moore, as sureties of one Hall on a lease.
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Error to the Court of Common Pleas, No. 3, of Philadelphia county: Of January Term 1878, No. 58. Debt by George Crawford, substituted trustee in the place of John Holahan, under the will of Amos Holahan, deceased, against F. M. Wheeler and A. M. Moore, as sureties of one Hall on a lease. By the copy of the lease filed it appeared that plaintiff had leased to Hall certain premises for which he was to receive an annual rental of $3500, payable in monthly instalments, and for the payment of which defendants became sureties. The lease was made subject to the provisions of the will of Amos…
1Opinion of the Court
The judgment of the Supreme Court was entered,
2Per curiam
— We discover no error in this case. A tenant must stand upon the terms of his lease, and not upon duties imposed by a will upon a trustee, which are- not made terms or conditions in the lease in his-favor. The question here is not on the powers or duties .of the trustee, but upon performance of the terms of the lease by the tenant; and the words, “subject to the provisions of the will of Amos Holahan, deceased,” do not refer to privileges conceded to the tenant, but to burthens to which he is subjected.
Judgment affirmed.
3Cited by3 opinions
- Reeves v. McComeskeySupreme Court of Pennsylvania · 1895
- Davis v. PierceSuperior Court of Pennsylvania · 1913
- Cusick v. Woolworth, Pennsylvania Court of Common Pleas, Lackawanna County1923