Silverthorn v. McKinster
Supreme Court of Pennsylvania
Error to the Common Pleas of Erie. Sept. 26. This was an action of ejectment brought by J. McKinster and others, heirs of Thomas Silverthorn, deceased, against William Silverthprn and others, to recover an undivided fifth part of a certain tract of land, containing twelve acres.
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Error to the Common Pleas of Erie. Sept. 26. This was an action of ejectment brought by J. McKinster and others, heirs of Thomas Silverthorn, deceased, against William Silverthprn and others, to recover an undivided fifth part of a certain tract of land, containing twelve acres. William Silverthorn, who was the grandfather of the plaintiffs and defendants, died in 1818 seised of the land in controversy, which by his will he directed to be sold for the payment of debts and legacies, and the surplus, if any, to be divided among his five children. Of that will he appointed two of his sons, Isaac…
1Opinion of the Court
*71The opinion of this Court was delivered by
Bell, J.
The will of William Silverthorn did not specifically designate the persons by whom the power given to sell his lands was to be executed. The law, therefore, devolved it on the executors named: Lloyd’s Lessee v. Taylor, 2 Dall. 223. And as there was strong evidence that Thomas Miles, one of them, assented to the sale made by the other two to Burns, it was properly left to the jury to say whether, in truth, the sale was made by all the executors ; upon the principle that subsequent ratification is equivalent to precedent participation: Taylor v.…
2Cases cited2 opinions
- Morrow ex rel. Isett v. BrenizerSupreme Court of Pennsylvania · 1828
- Allison v. KurtzSupreme Court of Pennsylvania · 1834
3Cited by5 opinions
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- Bedford v. BedfordTennessee Supreme Court · 1903
- Ketchum v. KetchumMichigan Supreme Court · 1913
- Wing & Evans v. HartupeeCourt of Appeals for the Third Circuit · 1903
- Carlson v. PetersonSupreme Court of Minnesota · 1955