157 A. 688 | Pa. | 1931
Zack Wartanian, the deceased, died October 10, 1927, the tenant or lessee of a certain ballroom or dance hall *335 in Johnstown, of which George Panagotacos was the landlord. On the basis that the tenancy was for two years from August, 1926, under an oral lease, the landlord presented a claim for the rent including that from the death of the tenant until the end of the term. The orphans' court rejected the latter on the ground that the death of the tenant, under the circumstances, ended the tenancy. From the decree so holding, the landlord brought this appeal.
We are all of the opinion that error was thereby committed. As a general rule a tenancy for a definite time is not ended by the death of either the landlord or the tenant. See Fortunato v. Shenango Limestone Co.,
It is a mere inference that the lease was made because of the tenant's special experience and exceptional ability, although it appears the landlord had knowledge thereof. There is no proof that the landlord relied thereon in making the lease. Wartanian had an estate of $50,000. A man of such means could doubtless rent a dance hall regardless of ability in the business.
A leasehold survives as an asset of the tenant's estate. See Fortunato v. Shenango Limestone Co., supra; Keating v. Condon,
The decree of the orphans' court is reversed and the record is remitted for further proceedings in accordance with this opinion. Costs to be paid by the estate. *337