Dundas's Appeal
Supreme Court of Pennsylvania
Appeal from the decree of the Orphans’ Court of Philadelphia : No. 261, to January Term 1870 ; in the matter of the account of Joshua Lippincott and James D. Lippincott, surviving executors, &c., of James Dundas, deceased.
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Appeal from the decree of the Orphans’ Court of Philadelphia : No. 261, to January Term 1870 ; in the matter of the account of Joshua Lippincott and James D. Lippincott, surviving executors, &c., of James Dundas, deceased. The testator died July 4th 1865, without lineal descendants, leaving a will dated March 15th 1865, which was proved July 10th 1865. After making a number of bequests and devises, he provided as follows, viz.:— “ 12. All the remainder of my estate, real, personal and mixed, I order and direct to be divided into forty equal parts or shares, which I give and devise as follows,…
1Opinion of the Court
The opinion of the court was delivered,
by Agnew, J.
— The principal question in this case is presented by the 1st assignment of error, that the Orphans’ Court erred in not ordering a resale of the premises No. 1333, on Walnut street. The sale was made under a power contained in the will of the late James Dundas, authorizing his three executors, or a majority of them, to sell his real estate at public or private sale. Under the 13th section of the Act of 24th of February 1834, this will vested in the executors the same powers and authority over such estate, for all the purposes of sale and…
2Cases cited4 opinions
- Case of M'Nair's AppealSupreme Court of Pennsylvania · 1833
- Calhoun's EstateSupreme Court of Pennsylvania · 1837
- Wimmer's AppealSupreme Court of Pennsylvania · 1836
- Fretz's AppealSupreme Court of Pennsylvania · 1842
3Cited by37 opinions
- Neel's EstateSupreme Court of Pennsylvania · 1916
- Wilson v. Board of Directors of City TrustsSupreme Court of Pennsylvania · 1936
- Orr's EstateSupreme Court of Pennsylvania · 1925
- Wells v. CaywoodSupreme Court of Colorado · 1877
- Sears v. Scranton Trust Co.Supreme Court of Pennsylvania · 1910
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