Gray v. Henderson
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Clinton county: No. 6, to January Term 1872. This was an action of ejectment, brought September 12th 1868, by M. A. Henderson and Margaret his wife in her right, and S. S. Sheddon and Mary B. his wife in her right, against Hiram T. Gray,- for the undivided half of a lot of two acres of land in Allison township.
Read the full summary
Error to the Court of Common Pleas of Clinton county: No. 6, to January Term 1872. This was an action of ejectment, brought September 12th 1868, by M. A. Henderson and Margaret his wife in her right, and S. S. Sheddon and Mary B. his wife in her right, against Hiram T. Gray,- for the undivided half of a lot of two acres of land in Allison township. The lot in controversy belonged to Alexander Boyd, who died about June 1845. Mrs. Henderson and Mrs. Sheddon are two of his four children. He left a will dated September 26th 1843, with a codicil, dated April 10th 1844. The will contained the…
1Opinion of the Court
The opinion of the court was delivered, by
Sharswood, J.
It is undoubtedly true and has been so held by this court in Myers’s Appeal, 12 P. F. Smith 104, that no implication merely of a power in executors to sell will take a case out of the jurisdiction of the Orphans’ Court under the 12th section of the Act of February 24th 1834, Pamph. L. 73, which provides that “ all powers, authorities and directions relating to real *370estate contained in any last will and not given to any person by name or by description, shall be deemed to have been given to the executors thereof; but no such power or…
2Cases cited1 opinion
- Boshart v. EvansSupreme Court of Pennsylvania · 1840
3Cited by3 opinions
- Corley v. BishopMississippi Supreme Court · 1911
- Richard's EstatePennsylvania Orphans' Court, Delaware County · 1946
- Stanley, S. v. Hendershot, N.Superior Court of Pennsylvania · 2018