Appeal, No. 143, Oct. T., 1906, by R. H. Murray, executor et al., from decree of O. O. Clarion Co., distributing royalties from sale of coal under a coal lease in Estate of W. P. Murray.

Exceptions on adjudication upon issue awarded by tbe orphans’ court to the common pleas.

In the common pleas Wilson, P. J., found the facts to be as follows:

A dispute has arisen between the widow and collateral heirs of W. P. Murray, late of Callensburg, Pennsylvania, deceased, as to the distribution of the royalty from a certain coal lease, dated February 1, 1899, from W. P. Murray to E. N. Miller and alleged to have been in full force at the time of the death of W. P. Murray, on July 7, 1901. An issue was framed and certified from the orphans’ court into the court of common pleas to determine the validity of said lease; a jury was waived and the ease submitted to the court for trial under the Act of April 22, 1874, P..L. 109. The widow, Elizabeth A. Murray, claims against the will and alleges that she is entitled to one-half of the royalty from the aforesaid lease which was a sale of the coal in place and converted it into personalty.

There are various questions of fact and law raised by the respective requests for findings, but independent of everything else in the case, the fact that the lease had not been forfeited in the lifetime of W. P. Murray, and that upon his death one-half of the royalty thereof descended to his widow, Elizabeth A. Murray, and that as against her, R. H. Murray, executor, had no right to declare a forfeiture and substitute a new lease therefor, is decisive of the present controversy.

The following indorsement appears on the lease in controversy :

“ June 2nd, 1900, for value received I hereby extend the provisions of this lease until August 1st, 1900.

“ Signed: W. P. Murray,

“ H. F. Miller.”

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