Appeal of M'Farson
Supreme Court of Pennsylvania
Appeal from the decree of the Orphans’ Court of Allegheny. Sept. 18. Zachariah M’Earson presented a petition to the court below, of the following purport:— “ The petition of Zachariah M’Earson, of Beaver county, showeth, That Nathan M’Earson, late of Allegheny county, died on or about the — day of January, 1848, at the county last aforesaid, intestate, that letters of administration have been issued in the course of law to John and Reuben M’Farson, administrators of the…
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Appeal from the decree of the Orphans’ Court of Allegheny. Sept. 18. Zachariah M’Earson presented a petition to the court below, of the following purport:— “ The petition of Zachariah M’Earson, of Beaver county, showeth, That Nathan M’Earson, late of Allegheny county, died on or about the — day of January, 1848, at the county last aforesaid, intestate, that letters of administration have been issued in the course of law to John and Reuben M’Farson, administrators of the goods, chattels, and estate of said Nathan M’Farson. “ That the said Nathan M’Farson, on 28d October, 1833, was seised in…
1Opinion of the Court
The opinion of this court was delivered by
Bell, J.
Apart from the authority of Chess’s Appeal, it is very obvious, that the act of February 1834 was passed in aid of the defective remedies afforded by the acts of March 1792 and 1818, by conferring upon our Orphans’ Courts the power exercised by a court of chancery, to compel the specific fulfilment of contracts for the sale and conveyance of land, made by decedents who die without providing for the execution of their agreements. Wherever, therefore, a chancellor would, in these cases, direct a conveyance to be made in discharge of a decedent’s…
2Cited by11 opinions
- Witman v. City of ReadingSupreme Court of Pennsylvania · 1899
- Phillips v. SwankSupreme Court of Pennsylvania · 1888
- Peoples Trust Co. v. Consumers Ice & Coal Co.Supreme Court of Pennsylvania · 1925
- VanHorn v. Munnell, Pennsylvania Court of Common Pleas, Lawrence County1891
- Werdebach's EstateSupreme Court of Pennsylvania · 1924
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