Eyre's Appeal
Supreme Court of Pennsylvania
Appeal from the Orphans’ Court of Philadelphia county: Of January Term, 1884, No. 111. This was an appeal by John Eyre, et al., from a decree of said court, dismissing tlieir petition, filed November 25, 1882, as amended December 80, 1882, praying that Mary Y. Eyre, devisee under the will of Jehu W. Eyre, deceased, be decreed to pay incumbrances on certain real estate, or in default thereof that said real estate be sold to pay the same.
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Appeal from the Orphans’ Court of Philadelphia county: Of January Term, 1884, No. 111. This was an appeal by John Eyre, et al., from a decree of said court, dismissing tlieir petition, filed November 25, 1882, as amended December 80, 1882, praying that Mary Y. Eyre, devisee under the will of Jehu W. Eyre, deceased, be decreed to pay incumbrances on certain real estate, or in default thereof that said real estate be sold to pay the same. The petitioners were cestuis que trusteni under a certain deed of trust, hereinafter mentioned, and claimed to he entitled to the benefit of a provision in…
1Opinion of the CourtJustice Trurkey
The testator devised all his real estate, except lot Ho. 1012, Palmer street, to Mary Y. Eyre, charged with the payment of all mortgages or other incumbrances which at the time of his decease should be upon the premises conveyed by Lydia Eyre to Edward W. Gorgas, in trust, for uses therein mentioned, which uses were changed by Jehu W. Eyre by deed to said Gorgas, dated July 20, 1865. He gave the income and rents of said lot, Ho. 1012, to said Mary during her life, if she should remain unmarried, and clothed her with power to sell the lot and apply so much of the purchase money as necessary to…
2Cited by4 opinions
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- C. A. Burton Machinery Co. v. DaviesCourt of Appeals for the Eighth Circuit · 1913
- Korfer v. Katz, Court of Common Pleas of Ohio, Hamilton County1913
- Shapley v. Light, Pennsylvania Court of Common Pleas, Cumberland County1936