Daily's Appeal
Supreme Court of Pennsylvania
Appeal from the decree of the Orphans’ Court of Westmoreland county: Of October and November Term 1877, No. 129. Appeal of Jeremiah Daily from the decree of the court setting aside a sale made to him by the executors of Peter Soxman, deceased. At the time of his death Peter Soxman was seised, inter alia, of a farm of seventy-eight acres, underlaid with coal, in Derry township, Westmoreland county.
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Appeal from the decree of the Orphans’ Court of Westmoreland county: Of October and November Term 1877, No. 129. Appeal of Jeremiah Daily from the decree of the court setting aside a sale made to him by the executors of Peter Soxman, deceased. At the time of his death Peter Soxman was seised, inter alia, of a farm of seventy-eight acres, underlaid with coal, in Derry township, Westmoreland county. By his last will and testament he provided, inter alia, in these words: “I will and direct that the executors of this, my last will and testament, have power to sell any of my property, at such time…
1Opinion of the Court
The judgment of the Supreme Court was entered
2Per curiam
If the contract of Jeremiah Daily had been made by both of the executors under the power in the will of Peter Soxman, deceased, or had it been executed by their deed, the Orphans’ Coui’t would scarcely have been justified in setting it aside. There is no doubt of the jurisdiction of the Orphans’ Court over testamentary powers, as held in Dundas’s Appeal, 14 P. F. Smith 325. But when the power is committed to the executors by name or descrip*491tion, they exercise it by virtue of the will of the testator, and not by a power acquired under the order of…
3Cited by2 opinions
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- Simmons's EstateSupreme Court of Pennsylvania · 1916