Leiper's Appeal
Supreme Court of Pennsylvania
Appeal from the Orphans’ Court of Philadelphia. This was an appeal by Thomas J. Leiper, in his own right, and as guardian of the minor children of Samuel M. Leiper, deceased, from the decree of the court below, distributing the estate of the said Samuel M. Leiper, deceased, in the hands of Mary B. Leiper, his widow and surviving executrix.
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Appeal from the Orphans’ Court of Philadelphia. This was an appeal by Thomas J. Leiper, in his own right, and as guardian of the minor children of Samuel M. Leiper, deceased, from the decree of the court below, distributing the estate of the said Samuel M. Leiper, deceased, in the hands of Mary B. Leiper, his widow and surviving executrix. Samuel M. Leiper, in his lifetime, was the owner of an undivided fourth part of a tract, embracing 120,000 acres of land, in McKean and Elk counties, the legal title to which was vested in Dr. William A. Irvine,, in trust for the equitable owners; he…
1Opinion of the Court
The opinion of the court was delivered by
Thompson, J.
The sale of the land out of which this controversy has arisen, by Irvine, the trustee, with the assent of Leiper, the cestui que trust, undoubtedly brought the land within the rule in equity which requires it to be treated as personal estate for the purpose of regulating the succession to it. That it was such a conversion, so far as the widow and heirs were concerned, is clearly ruled in Rangler’s Appeal, 3 Barr 377; Foster v. Harris, 10 Id. 457; Rose v. Jessup, 7 Harris 281; Longwell v. Bentley, 11 Id. 99; Leiper’s Executors v. Irvine, 2…
2Cited by8 opinions
- Robinson v. PierceSupreme Court of Pennsylvania · 1924
- Bender v. LuckenbachSupreme Court of Pennsylvania · 1894
- Arbuckle's EstateSupreme Court of Pennsylvania · 1916
- Manzer v. WycoffSuperior Court of Pennsylvania · 1922
- Bidelman EstateSupreme Court of Pennsylvania · 1948
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