Scott v. Bryan
Supreme Court of Pennsylvania
Appeal, No. 93, Oct. T., 1899, by plaintiffs, from judgment of C. P. No. 2, Allegheny Co., Jan. T., 1899, No. 849, on case stated. Case stated to determine the marketable title to real estate. From the case stated it appeared that James B. Linhart died August 20, 1889, seized of the premises in question which were disposed of in his will as follows: “ Item 4th.
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Appeal, No. 93, Oct. T., 1899, by plaintiffs, from judgment of C. P. No. 2, Allegheny Co., Jan. T., 1899, No. 849, on case stated. Case stated to determine the marketable title to real estate. From the case stated it appeared that James B. Linhart died August 20, 1889, seized of the premises in question which were disposed of in his will as follows: “ Item 4th. I give and bequeath unto my neice Joanna Scott, wife of John Scott as her own separate estate all that certain, tract of land in the 22d ward of the city of Pittsburg, and containing about ten acres and also that certain house and lot…
1Opinion of the Court
Opinion by
Mr. Justice Mitchell,
The general rule in determining the validity of the execution of powers is that the intention of the donee to execute is the turning point. Such intent will not be presumed from the mere grant of a larger estate than the grantor possessed, but it may be gathered from such grant coupled with other evidence *46of intent, such, as a description of the subject of the power sufficient to identify it: Bingham’s App., 64 Pa. B45. In the present case the subject of the power is fully described, and the will of the testator referred to, though not the power itself. The…
2Cases cited6 opinions
- McCreary v. BombergerSupreme Court of Pennsylvania · 1892
- Hays v. LeonardSupreme Court of Pennsylvania · 1893
- Wetherill v. WetherillSupreme Court of Pennsylvania · 1852
- Heck v. ClippengerSupreme Court of Pennsylvania · 1847
- Steinmetz's EstateSupreme Court of Pennsylvania · 1895
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3Cited by6 opinions
- Hupp v. Union Coal & Coke Co.Supreme Court of Pennsylvania · 1925
- Messmore's EstateSupreme Court of Pennsylvania · 1927
- Morris v. CommissionerUnited States Board of Tax Appeals · 1938
- Gilbert's EstateSupreme Court of Pennsylvania · 1911
- Jones v. Mackie, Pennsylvania Court of Common Pleas, Susquehanna County1943
1 more not listed; retrieve them via the Exa API.