Livingood v. Heffner
Supreme Court of Pennsylvania
January Term, 1888, No. 2, E. D., before Gordon, Ch. J.,. Paxson, Sterrett, Green, Clark, and Williams, JJ. Error to tbe Common Pleas of Schuylkill County to review a judgment in favor of the defendant on a case stated. This was a case stated in which William H. Livingood, administrator c. t. a. of Samuel Machemer, deceased, was-plaintiff, and Milton H. Heffner was defendant.
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January Term, 1888, No. 2, E. D., before Gordon, Ch. J.,. Paxson, Sterrett, Green, Clark, and Williams, JJ. Error to tbe Common Pleas of Schuylkill County to review a judgment in favor of the defendant on a case stated. This was a case stated in which William H. Livingood, administrator c. t. a. of Samuel Machemer, deceased, was-plaintiff, and Milton H. Heffner was defendant. The facts stated for the opinion of the court were as follows: Samuel Machemer, the decedent, died on the 16th day of July, 1860, seised of a messenger and tract of land situate in Long Hun valley, Wayne township,…
1Opinion of the Court
Opinion by
Mr. Justice Clark:
The testator, without doubt, intended to give to the executor of his last will and testament a power to sell his real estate; this power was subject to the limitation to be implied from the particular provisions of the will; that the real as well as the personal estate was for the use and support of his widow, and was to be occupied and possessed by her during her widowhood. If at any time during that period, however, she should signify her desire to have the land sold, the testator intended that the executor should comply with her request, and thereafter pay to…
2Cited by2 opinions
- Miller v. SheafferSuperior Court of Pennsylvania · 1921
- Brinkerhoff v. Martin, Pennsylvania Court of Common Pleas, Cumberland County1936