Rose v. Quick
Supreme Court of Pennsylvania
Error to the Common Pleas of Pike■ county. This was an amicable action of covenant by Levi T. Quick, surviving executor of Henry C. Middaugh, deceased, against Elijah Rose, to recover ‘the unpaid purchase-money of certain real estate of the alleged testator, which the defendant had contracted to purchase from the executors.
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Error to the Common Pleas of Pike■ county. This was an amicable action of covenant by Levi T. Quick, surviving executor of Henry C. Middaugh, deceased, against Elijah Rose, to recover ‘the unpaid purchase-money of certain real estate of the alleged testator, which the defendant had contracted to purchase from the executors. On the 15th August 1846, Henry C. Middaugh, the alleged testator, executed the following paper:— “ Know all men by these presents, that I, Henry C. Middaugh, of the township of Westfall, county of Pike, in the state of Pennsylvania, being weak of body, but of sound…
1Opinion of the Court
The opinion of the court was delivered by
Porter, J.
— This paper is a will. It is in writing. It is signed by the testator at the end thereof. It has been proved by the oaths of two witnesses. It is to take effect after his death. It starts like a power of attorney, but soon loses that character. It describes the bodily and mental condition of the writer, in the usual phraseology of wills. Its directions are given expressly for the benefit of his heirs after his decease. He confers on the persons whom he nominates, full powers as executors, by imposing the duties which the law would impose if…
2Cited by14 opinions
- Kimmel's EstateSupreme Court of Pennsylvania · 1924
- Gibson's EstateSuperior Court of Pennsylvania · 1937
- Harrison's EstateSupreme Court of Pennsylvania · 1900
- Knoll v. HartSupreme Court of Pennsylvania · 1932
- Sando WillSupreme Court of Pennsylvania · 1949
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