Willing v. Peters
Supreme Court of Pennsylvania
Certificate from the Nisi Prius. Jan. 14 and Feb. 9. This was an action of account-render by Maria Willing against Peters, as bailiff and receiver of the rents and profits of real estate.
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Certificate from the Nisi Prius. Jan. 14 and Feb. 9. This was an action of account-render by Maria Willing against Peters, as bailiff and receiver of the rents and profits of real estate. On the trial before the late Mr. Justice Kennedy, the plaintiff gave in evidence the will of Thomas Willing, devising lands to the defendant, Peters, and two others, who died before the matters in controversy happened, in trust, inter alia, for the maintenance of testator’s son William, and his children, and also in trust, “ that if my son William, and Maria, his wife, shall die before either of their…
1Opinion of the CourtBell, J.
The plaintiff, by her narr., claims, at the hand of the defendant, an account of certain moneys received by him as her bailiff and receiver. By the proof in the cause, it appeared the several sums of which an account is demanded are the avails of two houses sold by him, as surviving trustee by virtue of a power created by the last will of Thomas Willing, the elder, and, also, an amount received by him, in his character of trustee, for damages sustained by opening a road through the lots of land situate in Moyamensing township. The right thus to claim rests altogether upon the undertaking of…
2Cases cited5 opinions
- Morrow ex rel. Isett v. BrenizerSupreme Court of Pennsylvania · 1828
- Burr v. SimSupreme Court of Pennsylvania · 1836
- Allison v. Wilson's ExecutorsSupreme Court of Pennsylvania · 1825
- Rice v. BixlerSupreme Court of Pennsylvania · 1841
- Smith v. StarrSupreme Court of Pennsylvania · 1838
3Cited by8 opinions
- Fink v. SmithSupreme Court of Pennsylvania · 1895
- Jackson v. GuntonSuperior Court of Pennsylvania · 1904
- Hibler v. OliverSupreme Court of Alabama · 1915
- Hunter v. AndersonSupreme Court of Pennsylvania · 1893
- Sagendorph v. LutzMichigan Supreme Court · 1938
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