Lessee of Zebach v. Smith
Supreme Court of Pennsylvania
THIS was an ejectment for 330 acres of land, which was .tried before the Chief Justice at Sunbury in June last, The testator exif cutors, and gave them power to sell Ws land by tbe following T>>e • “ namely, A, B « f‘d sliaU ' be importerea “ to sell my land, my (< ^yjjg silílll « keep, &c.” oi t!J.e cxf~ to act. ^ die thority to séU.
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THIS was an ejectment for 330 acres of land, which was .tried before the Chief Justice at Sunbury in June last, The testator exif cutors, and gave them power to sell Ws land by tbe following T>>e • “ namely, A, B « f‘d sliaU ' be importerea “ to sell my land, my (< ^yjjg silílll « keep, &c.” oi t!J.e cxf~ to act. ^ die thority to séU. The lessors of the plaintiff claimed as heirs at law of Barthnlnmmi 7rhnrh moiomew ¿eoacti. ^ The defendants claimed under a sale by George Wolf one of the-executors of Zebach; and the questions were 1. Whether Wolf had a right to sell. 2. Whether the sale was…
1Opinion of the Court
Ye ates J.
Three questions have been made upon the present will.
1st. The first, which was chiefly relied on, was, that George Wolf, the acting executor of the will of Bartholomew Zebach, had no power to sell the lands in question, under the terms of the will.
The will is very short, and so far as respects the point under consideration, is in the following words. “ The execu- “ tors, namely George Wolf, Leonard Miller, and Godfrey “ Rohrer, shall be impowered to sell my land in Shamokin on “ PenrHs creek, in the old purchase, and to give a good right. “ When my debts are paid, if any thing…
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