Cresson v. Ferree
Supreme Court of Pennsylvania
Certificate from Nisi Prius, No. 229, to January Term 1871. This was an amicable action between John C. Cresson, Adam Everly, George M. Troutman and Albert S. Letchworth, trustees under the will of Adam Everly, deceased, plaintiffs, and James B. Ferree, defendant.
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Certificate from Nisi Prius, No. 229, to January Term 1871. This was an amicable action between John C. Cresson, Adam Everly, George M. Troutman and Albert S. Letchworth, trustees under the will of Adam Everly, deceased, plaintiffs, and James B. Ferree, defendant. A case was stated for the opinion of the court, showing the following facts:— Adam Everly died in February 1865, owning certain real estate, described in an exhibit marked A, attached to the case; and having made his will and a number of codicils by which, after providing for his wife and for his son Samuel, and making other…
1Opinion of the Court
The opinion of the court was delivered, February 5th 1872, by
Sharswood, J.
That the testator Adam Everly intended to invest the trustees named in his will with a general power of sale over his residuary estate, is altogether incontrovertible. This appears not only by his express language, but by the exception of that part called Emlenton, for at least a period of ten or fifteen years after the decease of his wife. It’ was evidently not merely a power in the trustees over their respective estates, in the land, but a collateral naked power over the whole land itself. The object of the power was…
2Cited by2 opinions
- Detre's EstateSupreme Court of Pennsylvania · 1922
- Anglemyer v. DollPennsylvania Court of Common Pleas · 1953