Appeal of George M'Cullough and Isabel, his wife, executors of Thomas Grubb, from the decree of the Orphans' Court of Lancaster county, on the settlement of their administration account
Messrs. Smith and Hopkins for appellants., Mr. Ingersoll for appellees.
Cited by 1 opinion | Published
By a devise of* land in fee or for life, corn growing in the ground at the time of the testator’s death will pass to the devisee, though in the case of an intestacy such corn will be accounted assets. Winch. 51. Cro. El. 61. 1 Rol. Ab. 727. Hob. 132. Gilb. Law of Evid. 251. 3 Atky. 16. Hargr. Co. Lit. 55. b. note 2. Of this there can be no question. Will a devise of the benefits of the estate during the minority of children make a difference ?
For the appellants. It is apprehended not. By a devise of the profits of the land the interest in the land is vested in the devisee. Co. Lit. 4. b. Cro. El. 109. 190. See also 1 Vez. 171. 10 Mod. 287. Dy. 210.
Let the decree of the Orphans’ Court be reversed.