Wilkinson v. Buist
Supreme Court of Pennsylvania
ERROR TO THE COURT OF COMMON PLEAS NO. 2 OF PHILADELPHIA COUNTY. No. 177 July Term 1888, Sup. Ct.; court below, No. 620 December Term 1887, C. P. No. 2. On February 8, 1888, Robert Buist, Jr., brought assumpsit against Robert A. Wilkinson to recover the contract price of land under a written contract of sale between the plaintiff and defendant, dated June 9, 1887, wherein tlie plaintiff agreed to sell and tlie defendant to buy a tract of 129 acres in tbe-27th ward,…
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ERROR TO THE COURT OF COMMON PLEAS NO. 2 OF PHILADELPHIA COUNTY. No. 177 July Term 1888, Sup. Ct.; court below, No. 620 December Term 1887, C. P. No. 2. On February 8, 1888, Robert Buist, Jr., brought assumpsit against Robert A. Wilkinson to recover the contract price of land under a written contract of sale between the plaintiff and defendant, dated June 9, 1887, wherein tlie plaintiff agreed to sell and tlie defendant to buy a tract of 129 acres in tbe-27th ward, Philadelphia, for tlie sum of $125,000, the contract providing: “The title to be good and marketable and clear of all…
1Opinion of the Court
Opinion,
Mr. Justice Clark:
The controlling question in this case is upon the true construction of tho last will and testament of llobert Buist, the elder, deceased. The power of sale to the executors, apart from the other provisions of the will, is framed in the most general terms; it is wholly without limitation as to time, and taken alone was exercisable iu their discretion “ at any time ” after the testator’s decease. But although the time for its exercise is not limited by any words used in its creation, the limitation to which it is really subject may appear upon a consideration of the…
2Cases cited1 opinion
- Swift's AppealSupreme Court of Pennsylvania · 1878
3Cited by9 opinions
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- Mitchell v. Pittsburg, Fort Wayne & Chicago Ry.Supreme Court of Pennsylvania · 1895
- Messmore's EstateSupreme Court of Pennsylvania · 1927
- Fidler v. LashSupreme Court of Pennsylvania · 1889
- McCloskey v. TimmonsSuperior Court of Pennsylvania · 1920
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