Pennsylvania County Court Reports Volume 50

Pennsylvania County Court Reports Volume 50

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1921 edition. Excerpt: ...survive to the executor or administrator of the covenantor, and to take a case out of the rule there must be something more than the mere fact that the covenant is to be performed in futuro" Hunt's and Lehman's Apps., supra. Woolworth Co. 11. Astrich's Executrix. It has been held in the long line of decisions, to wit: Wiley's App., 8 W. & S. 244; Emeret's Est., 2 Parson's 197; Johnson's App., 115 Pa. 129; Coppels' Est., 4 Philadelphia 378, and Keating 1/. Condon, 68 Pa. 75, that a tenancy from year to year is considered assets and as such devolves to the executor or administrator; that if an executor renew a lease he must account for the new leasing as well as the old one; that a tenant's right of renewal is a property or asset incident to an existing lease; that after the death of the lessee for years the lease is the property of the administrator whensoever appointed for the benefit of the estate; and it is the duty of the executor to sell and dispose of, for the benefit of the creditors of the estate, his good-will and unexpired term, owned by the decedent in his lifetime. The authority of the above cited decisions is well established and not now questioned, and leads us to the conclusion that the covenants of Herman Astrich in this lease survive and must be performed by his estate after his death: Walker's Est., 6 Pa. County Court Reports 515. It is also contended by counsel for the defendant that the action in this case should not be in assumpsit but in covenant; but this contention overlooks the very clear provision of the procedure act of 1915. The legal questions raised in the afiidavit of defense of the defendant in the nature of demurrer are decided against...show more

Product details

  • Paperback | 326 pages
  • 189 x 246 x 17mm | 585g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236791983
  • 9781236791986