Beeson v. Beeson
Supreme Court of Pennsylvania
In error from Fayette (Special Court). In 1832, Beeson devised the property now in question to Jesse Beeson, the plaintiff, and appointed him, with Skiles, Isaac Beeson (defendant), and Richard Beeson, executors.
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In error from Fayette (Special Court). In 1832, Beeson devised the property now in question to Jesse Beeson, the plaintiff, and appointed him, with Skiles, Isaac Beeson (defendant), and Richard Beeson, executors. In 1836, a petition on behalf of the executors of the testator was presented to the Orphans’ Court, signed by Richard Beeson, setting forth that the testator’s personal estate was insufficient for the payment of his debts, and praying an order for the sale of the realty. To this was appended an account of the debts and credits, which, however, was not found until after the trial of…
1Opinion of the CourtBell, J.
Subject to certain subordinate questions of evidence, the plaintiff presents his case here, as it was presented below, in three principal aspects. First, upon the hypothesis of actual fraud, intended and perpetrated by the acting executor and purchaser. Second, upon the ground of constructive fraud, springing, by the operation of the equitable rule, from the purchase made by one of the trustees of the trust property. And, third, upon the question whether there was such a confirmation of the sale as operates to withdraw it from the equitable right of the cestui que trust, to avoid it, upon…
2Cases cited10 opinions
- Chirac v. ReinickerSupreme Court of the United States · 1826
- Adlum v. YardSupreme Court of Pennsylvania · 1829
- Fisk v. SarberSupreme Court of Pennsylvania · 1843
- Bruch v. LantzSupreme Court of Pennsylvania · 1830
- Lessee of Dilworth v. SinderlingSupreme Court of Pennsylvania · 1808
5 more not listed; retrieve them via the Exa API.
3Cited by29 opinions
- Levy v. Senate of PennsylvaniaSupreme Court of Pennsylvania · 2013
- Noonan EstateSupreme Court of Pennsylvania · 1948
- In Re Estate of HarrisonSuperior Court of Pennsylvania · 2000
- Kramer v. KisterSupreme Court of Pennsylvania · 1898
- Alexander v. QueenSupreme Court of Pennsylvania · 1916
24 more not listed; retrieve them via the Exa API.