Potts v. Breneman
Supreme Court of Pennsylvania
Appeal, No. 182, Jan. T., 1897, by defendant, from judgment of C. P. Lancaster Co., March T., 1897, No. 82, on case stated. Case stated to determine whether the plaintiff had power to sell real estate.
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Appeal, No. 182, Jan. T., 1897, by defendant, from judgment of C. P. Lancaster Co., March T., 1897, No. 82, on case stated. Case stated to determine whether the plaintiff had power to sell real estate. Livingston, P. J., filed the following opinion: From the case stated it appears: 1. That Samuel Miller late of the city of Philadelphia, Pa., died on or about March 30, A. D. 1874, having first made his last will and testament which, after his decease, was duly proved in the register’s office at Philadelphia, and, in and by which, he directs inter alia, as follows: “ I direct that all my just…
1Opinion of the Court
Opinion by
Mr. Justice Dean,
We have nothing to add to the able opinion of the learned court below vindicating his judgment on the case stated, except to do, what probably, he had no opportunity to do, distinguish the cases cited by appellant in the argument before this court, *308from the one in hand. In Wilkinson v. Buist, 124 Pa. 258, this Court held, under the terms of that will, the power to sell ended with the life estate, because the testator plainly so intended. In Fidler et al. v. Lash, 125 Pa. 87, the sole purpose in creating the power to sell was to provide for the widow during her…
2Cases cited2 opinions
- Fidler v. LashSupreme Court of Pennsylvania · 1889
- Swift's AppealSupreme Court of Pennsylvania · 1878
3Cited by6 opinions
- Smith v. Glen Alden Coal Co.Supreme Court of Pennsylvania · 1943
- Boland v. TiernaySupreme Court of Iowa · 1902
- Schulz EstateSupreme Court of Pennsylvania · 1953
- Nagle, Admrx. v. Fleming Et Ux.Supreme Court of Pennsylvania · 1931
- McCloskey v. TimmonsSuperior Court of Pennsylvania · 1920
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