Ross v. Drake
Supreme Court of Pennsylvania
Error to the Common Pleas of Armstrong county. This was an action of ejectment, brought by Ross Drake, by his guardian, James Drake, against George W. Ross, Stephen H. Ross, John C. Ross, Mary Ross, Washington Ross, Amelia Ann Reynolds, late Amelia Ann Ross, and her husband, Woodward Reynolds, to recover about two hundred and twenty-five acres of land in Franklin township, in which the following case was stated for the opinion of the court below: John Ross, of Chester…
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Error to the Common Pleas of Armstrong county. This was an action of ejectment, brought by Ross Drake, by his guardian, James Drake, against George W. Ross, Stephen H. Ross, John C. Ross, Mary Ross, Washington Ross, Amelia Ann Reynolds, late Amelia Ann Ross, and her husband, Woodward Reynolds, to recover about two hundred and twenty-five acres of land in Franklin township, in which the following case was stated for the opinion of the court below: John Ross, of Chester county, died some time prior to the 3d of March 1830, after having first made his last will and testament, duly proved and…
1Opinion of the Court
The opinion of the court was delivered, by
Strong, J.
The gift of the property in controversy in this case is to be treated as a devise of realty. It was an alternative gift, and when John Ross the son made his election, the duty of the executors was imperative under the will, to invest the $700 set apart, in land. The conversion was then complete in equity, and when the land was purchased, it became complete in law.
The case then comes within the rule laid down in Minnich v. Batdorff, 5 Barr 503, that when land is given to a person for life, or for any other estate upon which a remainder may be…
2Cited by11 opinions
- Packer's EstateSupreme Court of Pennsylvania · 1914
- Hood's EstateSupreme Court of Pennsylvania · 1936
- Metzgar EstateSupreme Court of Pennsylvania · 1959
- In re TwaddellDistrict Court, D. Delaware · 1901
- Fetrow's EstateSupreme Court of Pennsylvania · 1917
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