48 Pa. 351 | Pa. | 1865
The opinion of the court was delivered, by
— The controversy in this case is narrowed down to a construction of the marriage articles of the 15th January 1833, between John D. Mahon of the first part, Agnes M. Rose (now Mahon) of the second part, and Benjamin Darlington and Abisha Way of the third part. John D. Mahon is dead, leaving his wife Agnes surviving him. By this deed, Mrs. Rose conveyed all her estate, real, personal, and mixed, to the parties of the third part, in trust, that they will take the same into their possession, care, and management, and apply the personal estate to the discharge
From the foregoing statement it is clear that the trusts have come to an end, and that both the legal and equitable estate in the real estate, whether in the shape of land or ground-rents, is entirely revested in Mrs. Mahon, who was therefore entitled to receive the arrears of the ground-rent, and to take all legal measures to recover them: Barnett’s Appeal, 10 Wright 392. As the lessee could not have any defence to this demand, it seems certain that the trustee who was bound to convey the
The court were therefore right in overruling the plaintiff’s objection to evidence, and also in overruling the offer of evidence by the plaintiffs, for it is clear they could in no way have affected the result, and were irrelevant to the issue trying.
Judgment affirmed.