Cadbury v. Duval
Supreme Court of Pennsylvania
From the District Court of Philadelphia. April 16. James Duval, by his "will, devised certain real estate specifically, and the residue to his wife Catherine for life, remainder to his children, and appointed his wife executrix.
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From the District Court of Philadelphia. April 16. James Duval, by his "will, devised certain real estate specifically, and the residue to his wife Catherine for life, remainder to his children, and appointed his wife executrix. By a codicil he devised the residue of his real estate, subject to the life-estate of his wife, to his son Lewis, and his sons-in-law Wagner and Rodney, and the survivors of them, in fee, in trust, to sell and dispose of such parts as were not specifically devised, either at public or private sale at their discretion, and to execute deeds — the nett proceeds to be…
1Opinion of the CourtBeil, J.
The primary question is, whether, under a bond fide execution of the power to sell, conférred by the will of James S. Duval, the vendee of the trustees, on payment of the purchase-money, could assert a title, discharged of the general debts of the testator, or whether the purchaser was bound to see to the application of the price in payment of the debts ?
The English equitable rules, applicable to devises of this sort, are, that where the trust is of such a nature that the purchaser may be reasonably expected to see to the appropriation of the fund raised by the sale — as, if it be for the…
2Cases cited6 opinions
- Fisk v. SarberSupreme Court of Pennsylvania · 1843
- Case of Walker's EstateSupreme Court of Pennsylvania · 1832
- Bruch v. LantzSupreme Court of Pennsylvania · 1830
- Moliere's Lessee v. NoeSupreme Court of the United States · 1806
- Chronister v. BusheySupreme Court of Pennsylvania · 1844
1 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Greene County v. Southern Surety Co.Supreme Court of Pennsylvania · 1927
- Davidson, Exrx. v. BrightSupreme Court of Pennsylvania · 1920
- Devers v. Scranton CitySupreme Court of Pennsylvania · 1932
- Szilagyi v. BethlehemSupreme Court of Pennsylvania · 1933
- Mindlin v. O'BoyleSupreme Court of Pennsylvania · 1923
5 more not listed; retrieve them via the Exa API.