Lantz v. Boyer
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Berks county: Of January Term 1876, No. 228. This was an amicable action and case stated, filed February 28th 1875. Jerome L. Boyer, administrator c. t. a. of B. Frank Boyer, deceased, was plaintiff, and C. B. Lantz defendant.
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Error to the Court of Common Pleas of Berks county: Of January Term 1876, No. 228. This was an amicable action and case stated, filed February 28th 1875. Jerome L. Boyer, administrator c. t. a. of B. Frank Boyer, deceased, was plaintiff, and C. B. Lantz defendant. The facts agreed on by the case were as follows:— B. Frank Boyer, the deceased, died on the 28th of September 1873, seised of a messuage, a lot of ground on Penn street, in the city of Beading, being 35 feet front and 270 feet deep. He left a will, dated June 6th 1872. Amongst other provisions were the following:— “ Item. I give and…
1Opinion of the CourtJustice Sharswood
It may now be considered as definitively settled, that whenever a power is given by will to executors to sell real estate with a view to the distribution of the proceeds among legatees, such power *328belongs to them virtute officii, and may be exercised by administrators de bonis non with the will annexed, under the 67th section of the Act of February 24th 1834, Pamph. L. 86, which provides that “ all and singular the provisions of this act relative to the powers, duties and liabilities of executors are hereby extended to administrators with a will annexed:” Evans v. Chew, 21 P. F. Smith 47. It…
2Cited by6 opinions
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- Shaffer EstateSupreme Court of Pennsylvania · 1948
- Kemerer v. JohnstoneSupreme Court of Pennsylvania · 1935
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