Ex parte Elliott
Supreme Court of Pennsylvania
This case came before the Court upon a petition presented by John Elliott under the act of the 5th of February, 1821, relating to the release and extinguishment of ground-rents. . The petition set forth that Andrew Hamilton, sometime of the city of Philadelphia, died about the year 1825, in England, seized of an undivided part or share of a large tract of land called Bush-hill, adjoining the said city, and having made his last will in writing, as follows.
Read the full summary
This case came before the Court upon a petition presented by John Elliott under the act of the 5th of February, 1821, relating to the release and extinguishment of ground-rents. . The petition set forth that Andrew Hamilton, sometime of the city of Philadelphia, died about the year 1825, in England, seized of an undivided part or share of a large tract of land called Bush-hill, adjoining the said city, and having made his last will in writing, as follows. “ I hereby certify the following document to be my last will and testament. To my beloved wife Eliza Hamilton, I bequeath the sum of twelve…
1Opinion of the Court
The opinion of the Court was delivered by
Gibson, C. J.
Originally, there seems to have been a doubt whether a testamentary power to raise portions from profits at an indefinite time, includes a power to sell; or whether the amount _ should be raised by gradual accumulation. But the existence of an ancillary power to sell for payment of legacies and debts, has never been questioned. Subsequently, when not restrained by particular expressions, the Courts have implied it in all cases without regard. to the purpose; on the ground that a devise of profits is equivalent to a devise of the land; and…
2Cited by5 opinions
- State Street Trust Co. v. CrockerMassachusetts Supreme Judicial Court · 1940
- Estate of WoodCalifornia Court of Appeal · 1973
- Southern California First National Bank v. SwarthCalifornia Court of Appeal · 1973
- Gardner v. ConnOhio Supreme Court · 1877
- Goodell's EstatePennsylvania Orphans' Court, Philadelphia County · 1945