Helfenstine v. Waggoner

The opinion of the court was delivered by

Tilghman, C. J.

This was an appeal from the Orphans’ Court of Cumberland county. Jacob Waggoner, the intestate, being seised in fee as tenant in common with his brother, Abraham Waggonerf of two tracts of unpatented lands; the two brothers made an agreement in writing, that the lands should be sold, and the proceeds of the sale equally divided between them; and, if either of them should die before the sale was éffected, the survivor was to have* power to make the sale. Jacob Waggoner died, no sale having been made, and after his death, the purchase…