Weiss' Appeal

Decided January 15, 1883

Supreme Court of Pennsylvania · decided 1883-01-15

An auditor was appointed to distribute the estates of Joseph Weiss and Susanna Weiss, his wife. He made a report which was excepted to ; and the Court sustained the exceptions in the following opinion, per IIagenman, P. J.: Joseph Weiss died in 1863, leaving a will wherein he appointed his wife, Susanna and his brother-in-law, Reuben Weiss, his executors. Reuben died, thus leaving Susanna to ■survive him, who administered the trust.

Decided 1883-01-15

¶1The Supreme Court affirmed the decree of the Orphans’ Court on March 3rd, 1884, in the following opinion,

Per Curiam:

¶2We discover no error in this decree of distribution. A devise of “all the' interests of money and rents for her use during her life” gave to her absolutely the interests and rents during her life. A devise of rents and profits of land is equivalent to a devise of the land itself for such a length of time as the rents and profits are devised; France’s Estate, 75 Pa., 220; Cooper vs. Pogue, 92 Pa., 254. Mrs. Weiss therefore took an estate for life in the real estate and in the personalty. The rents and interest during that time became hers absolutely.

¶3Decree affirmed and appeal dismissed uat the costs of the appellant.