Legal Opinion

Landis v. Scott

Supreme Court of Pennsylvania

Decided July 1, 1859PublishedCited by 11 opinions

Appeal in Equity from the Common Pleas of Philadelphia. This was a bill in equity by John Landis and others, devisees of Jacob Haars, against Freeman Scott and Michael Kalbach, for an account. The bill set forth that Jacob Haars died seised of a large amount of real estate in the city and county of Philadelphia, which by his will, dated the 26th January 1846, he devised to the complainants and others, in the proportions therein mentioned.

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Appeal in Equity from the Common Pleas of Philadelphia. This was a bill in equity by John Landis and others, devisees of Jacob Haars, against Freeman Scott and Michael Kalbach, for an account. The bill set forth that Jacob Haars died seised of a large amount of real estate in the city and county of Philadelphia, which by his will, dated the 26th January 1846, he devised to the complainants and others, in the proportions therein mentioned. That from the time of the death of the testator, until the sale of the property under proceedings in partition, the defendant Scott collected the rents,…

1Opinion of the Court

The opinion of the court was delivered by

Strong, J. —

Scott, the appellant, was the executor of the will of Jacob Haars, deceased. The will devised the decedent’s real estate to the appellees and others, hut gave to the executor no authority to interfere with it, or to collect its rents, issues, and profits. Most of the devisees resided at a distance, and many of them in other states. Immediately after the death of the decedent, and without any authority, the appellant assumed the charge of the property, collected the rents, made repairs and new leases, and used a portion for his own purposes.…

2Cited by11 opinions

  1. Kohler EstateSupreme Court of Pennsylvania · 1943
  2. Gilmore v. GilmoreSupreme Court of Louisiana · 1914
  3. Grubbs v. DembecSuperior Court of Pennsylvania · 1980
  4. Burwell v. McCabeCalifornia Court of Appeal · 1948
  5. Quirk v. QuirkU.S. Circuit Court for the District of Eastern Pennsylvania · 1907

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