Greenough v. Greenough
Supreme Court of Pennsylvania
Error to the District Court of Allegheny. Sept. 17. This was an action of ejectment by John against Thomas Greenough. It appeared that Elizabeth Greenough died seised of the premises, unmarried, without issue, and leaving three brothers and a sister. The plaintiff and defendant were brothers of Elizabeth. She executed a will on the 17th August, 1840, and died ten days afterwards.
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Error to the District Court of Allegheny. Sept. 17. This was an action of ejectment by John against Thomas Greenough. It appeared that Elizabeth Greenough died seised of the premises, unmarried, without issue, and leaving three brothers and a sister. The plaintiff and defendant were brothers of Elizabeth. She executed a will on the 17th August, 1840, and died ten days afterwards. The plaintiff below, relying upon her dying intestate, offered no evidence other than the admission of the foregoing facts; denying, however, the legal execution of the will. The defendant, claiming under the will,…
1Opinion of the Court
The opinion of this court was delivered by
Gibson, C. J.
So far as regards wills consummated by the testator’s death — and this is one of them — the act of 1848 is founded on no power known to the constitution, but on the assumption of a power appropriated exclusively to the judiciary. Every tyro or sciolist knows that it is the province of the legislature to enact, of the judiciary to expound, and of the executive to enforce. These functions may, if the people will it, be performed by a single organ; but the people of Pennsylvania have not so willed it. They have ordained that the judicial…
2Cases cited1 opinion
- Burwell v. CorbinSupreme Court of Virginia · 1822
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