Kaufman v. Crawford
Supreme Court of Pennsylvania
ERROR to the Common Pleas of Juniata county. David Crawford and others, heirs at law of Daniel Crawford, deceased, against Daniel Kaufman. This was an action of ejectment for 89 acres of land. Both parties claimed under Henry Bitner, who by his will devised a tract of land containing 195 acres to his executors, to be sold, and the proceeds to be divided between his children.
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ERROR to the Common Pleas of Juniata county. David Crawford and others, heirs at law of Daniel Crawford, deceased, against Daniel Kaufman. This was an action of ejectment for 89 acres of land. Both parties claimed under Henry Bitner, who by his will devised a tract of land containing 195 acres to his executors, to be sold, and the proceeds to be divided between his children. At that sale, in 1808, John Rice and John Shively, guardians of Barbara and Elizabeth, two daughters of the testator, became the purchasers, and took a deed therefor to themselves in trust for their said wards. One of…
1Opinion of the Court
The opinion of the Court was delivered by
Sergeant, J.
It is clear that a trustee not specially authorized cannot go beyond the line of duty prescribed by law, and make changes of property from money into land, or from land into money. If he invest money in land, the cestui que trust may, at his option, accept of the land, or refuse it and demand the money. Bonsall’s Appeal, (1 Watts 274). The guardians are such trustees, and the wards here had the right, on coming of age, to exercise this option. For it is not a case where the guardian took the land at a valuation, or even bought it in at a…
2Cases cited3 opinions
- Lyon v. MarclaySupreme Court of Pennsylvania · 1832
- Bear v. PattersonSupreme Court of Pennsylvania · 1842
- Bowman's AppealSupreme Court of Pennsylvania · 1834
3Cited by4 opinions
- Scott v. WestWisconsin Supreme Court · 1885
- Sholty v. SholtyIllinois Supreme Court · 1892
- Metzger v. Lehigh Valley Trust & Safe Deposit Co.Supreme Court of Pennsylvania · 1908
- Kinzer v. MitchellSupreme Court of Pennsylvania · 1848