Miller v. Meetch
Supreme Court of Pennsylvania
In error from the Common Pleas of Daupbin county. Tbe question in this ejectment was, wbetber there had been a valid execution of a power given by will. The plaintiffs were some of the heirs of John Meetch. He died seised of land held in common with one Williamson, under a warrant. In 1823, he made his will.
Read the full summary
In error from the Common Pleas of Daupbin county. Tbe question in this ejectment was, wbetber there had been a valid execution of a power given by will. The plaintiffs were some of the heirs of John Meetch. He died seised of land held in common with one Williamson, under a warrant. In 1823, he made his will. The clause on which the question arose was as follows: “ I will that my executors, on or before the 1st of April next ensuing, sell either at public or private sale, as they may judge proper, all my estate, real and personal, hereby giving them full and ample power and authority to…
1Opinion of the CourtBell, J.
Was the power to sell and convey the premises in dispute conferred by the will of John Meetch the elder, duly executed by John Meetch the younger, as acting executor? If so, the plaintiffs have no case.
As by the will in question, the power to sell was given to the executors virtute officii, -and partly for the payment of debts, there is no doubt that even before the act of 12th March, 1800, it might have been executed by a surviving or acting executor: Lessee of Zebach v. Smitz, 3 Binn. 69; Heron v. Hoffner, 3 R. 397. But by this statute, the right to execute is expressly conferred on the…
2Cases cited8 opinions
- Morrow ex rel. Isett v. BrenizerSupreme Court of Pennsylvania · 1828
- Burr v. SimSupreme Court of Pennsylvania · 1836
- Smith v. BonsallSupreme Court of Pennsylvania · 1835
- Allison v. KurtzSupreme Court of Pennsylvania · 1834
- Heron v. HoffnerSupreme Court of Pennsylvania · 1832
3 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Jackson v. GuntonSuperior Court of Pennsylvania · 1904
- Ralston's EstateSupreme Court of Pennsylvania · 1893
- Gumaer v. BarberSupreme Court of Pennsylvania · 1897
- Weidner's EstateSuperior Court of Pennsylvania · 1909
- Hart's EstatePennsylvania Orphans' Court, Erie County · 1943