Smith v. Myers
Supreme Court of Pennsylvania
Appeal, No. 249, Jan. T., 1904, by plaintiff, from order of C. P. Luzerne Co., Oct. T., 1902, No. 818, refusing to take off nonsuit in case of Thomas H. Smith, trustee, v. J. J. Myers and Michael Smith. Ejectment for land in Nescopeck township. Before Ferris, J. The facts appear by the opinion of the Supreme Court. The court entered a compulsory nonsuit which it subsequently refused to take off. Error assigned was refusal to take off nonsuit.
1Opinion of the Court
Per Curiam,
Testator devised to plaintiff as trustee a farm “to be held by said trustee until my grandson, William Raber, son of my deceased son, William Raber, shall arrive at the age of twenty-one years. The said trustee to assume charge of said farm and divide proceeds equally between the children of my deceased son, William, and at the time my said grandson shall arrive at the age of twenty-one years, or shall depart this life, in that case the trust aforesaid shall be discharged and said farm become the property of the remaining children of my said son jointly and equally.”
The testator…
2Cited by5 opinions
- Union National Bank v. BunkerMissouri Court of Appeals · 1938
- Doyle Et Ux. v. McKean's EstateSuperior Court of Pennsylvania · 1938
- Wagner's EstateSuperior Court of Pennsylvania · 1922
- Johnson v. Burney Baptist ChurchIndiana Court of Appeals · 1954
- Roberts's EstatePennsylvania Orphans' Court, Philadelphia County · 1922