McFadden v. Drake
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Qrawford county: Of October and November Term 1875, No. 89. This was an action of ejectment, commenced to the January Term 1874 of the court below, by James B. McFadden and others, children and heirs at law of Lodiski McFadden, deceased, against Abel Drake and others.
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Error to the Court of Common Pleas of Qrawford county: Of October and November Term 1875, No. 89. This was an action of ejectment, commenced to the January Term 1874 of the court below, by James B. McFadden and others, children and heirs at law of Lodiski McFadden, deceased, against Abel Drake and others. Eleazer Rockwell, being tbe owner of the premises in dispute, by deed dated July 1st 1846, for the consideration of $200, conveyed them to George R. Wilson, “ for the uses and upon the trusts (thereinafter) mentioned,” viz.: In trust “for the sole and separate use'of Lodiski McFadden, the…
1Opinion of the Court
Judgment was entered in the Supreme Court, November 26th 1875,
Per Curiam.'
It is true that the power to sell was given by the deed to the trustee, George R.-Wilson. He had, however, no discretion, but was bound to make such sale and conveyance to any person or persons, and for such sum or sums of money, as the wife, by writing under her hand and seal and duly acknowledged at any time during her natural life, should direct and appoint. The words “direct and appoint” preclude the construction contended for by the plaintiff in error. The deed of the husband and wife — under her hand and seal and…
2Cited by3 opinions
- Chamberlain v. MaynesSupreme Court of Pennsylvania · 1897
- Dicarlo v. LiciniSuperior Court of Pennsylvania · 1944
- Sippy v. ColterSupreme Court of Pennsylvania · 1943