Birdsall v. Richards
Supreme Court of Pennsylvania
This case came up from the Nisi Prius. It was a bill in equity, filed by Gideon Birdsall, and Palmyra his wife, and others, being of the half-blood to Nathan Dunn, deceased, for an account, &c., of moneys received by the defendants, Richards, Smith, and Brown, as trustees, from the interest of Nathan Dunn in the Laurel Hill Cemetery, on the ground that Nathan Dunn died intestate as to that interest.
Read the full summary
This case came up from the Nisi Prius. It was a bill in equity, filed by Gideon Birdsall, and Palmyra his wife, and others, being of the half-blood to Nathan Dunn, deceased, for an account, &c., of moneys received by the defendants, Richards, Smith, and Brown, as trustees, from the interest of Nathan Dunn in the Laurel Hill Cemetery, on the ground that Nathan Dunn died intestate as to that interest. It was stated in the bill, that Nathan Dunn, on the 26th February, 1836, purchased the Mansion House and tract of land called Laurel Hill, and afterwards, by indenture of May 30th, 1839, reciting…
1Opinion of the Court
The opinion of the Court was delivered by
Lewis, J.
In the great leading case of Sir Edward Clere, 6 Go. 17, it was held that, “in the case of a feoffment to the use of such person as the feoffor should by last will appoint, the feoffor was seised of a qualified fee, and the use vested in him till declaration or limitation be made according to the power; and that if, in such case, the feoffor by his will limit estates according to his power, reserved to him on his feoffment, then the estates shall take effect by force of the feoffment, and the use is directed by the will, so that in such case…
2Cited by1 opinion
- Equitable Trust Co. v. PaschallCourt of Chancery of Delaware · 1921