Reed v. Mellor
Supreme Court of Pennsylvania
ERROR TO THE COURT OE COMMON PLEAS OE BUTLER COUNTY. No. 223 October Term 1888, Snp. Ct.; court below, No. 30 June Term 1886, O. P. On March 18, 1886, an action of ejectment was brought by Louisa P. Mellor against Nelson P. Reed, to recover a lot of ground on Main street in the borough of Butler. The defendant pleaded, not guilty.
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ERROR TO THE COURT OE COMMON PLEAS OE BUTLER COUNTY. No. 223 October Term 1888, Snp. Ct.; court below, No. 30 June Term 1886, O. P. On March 18, 1886, an action of ejectment was brought by Louisa P. Mellor against Nelson P. Reed, to recover a lot of ground on Main street in the borough of Butler. The defendant pleaded, not guilty. At the trial on April 6, 1887, the evidence was closed on both sides, when the parties by a paper filed agreed bo dispense with a trial by jury, and to submit the cause to the decision of the court upon the evidence taken, under the provisions of the act of April…
1Opinion of the Court
Opinion,
Mr. Justice Clark:
It is conceded on all hands that by the terms of the last rvill and testament of Charles C. Sullivan, deceased, there was an equitable conversion of the realty into personalty. The legal title was in the executor, not by any mere implication, but by the express words of the will, and the direction to sell was positive and absolute; indeed, the declared and only purpose of the devise was that the executor should “convertthe same as soon as practicable into money,” and “ pay the proceeds ” to his wife, Susan C. Sullivan, “ to be held by her as guardian of the children,…
2Cases cited5 opinions
- Borrekins v. Bevan & PorterSupreme Court of Pennsylvania · 1831
- Appeal of HackerSupreme Court of Pennsylvania · 1888
- Willing v. PetersSupreme Court of Pennsylvania · 1847
- Evans's AppealSupreme Court of Pennsylvania · 1870
- Oeslager v. FisherSupreme Court of Pennsylvania · 1846
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- Robinson v. PierceSupreme Court of Pennsylvania · 1924
- Citizens Deposit & Trust Co. v. Citizens Deposit & Trust Co.Superior Court of Pennsylvania · 1939