Chew's Executors v. Chew
Supreme Court of Pennsylvania
This case came up on a certificate from the Nisi Prius. It was an action of ejectment brought by the executors of the will of Benjamin Chew, deceased, to recover possession of the estate called “ Cliveden,” situate in or near Germantown, of which Benjamin Chew, a son of the testator, was in possession.
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This case came up on a certificate from the Nisi Prius. It was an action of ejectment brought by the executors of the will of Benjamin Chew, deceased, to recover possession of the estate called “ Cliveden,” situate in or near Germantown, of which Benjamin Chew, a son of the testator, was in possession. The will, after empowering the executors to sell the real estate of their testator, provided, inter alia, as follows:— “And I do also give, grant to, and invest in my executors or the survivors or survivor of them, full, ample, and complete power, authority, and right, after they have had full…
1Opinion of the Court
The opinion of the court was delivered by
Lewis, C. J.
This is an action of ejectment brought by the acting executors of Benjamin Chew, deceased, against Benjamin Chew, a son of the testator. The plaintiffs below recovered, and the case comes up to review the instructions given by the judge who tried the cause at Nisi Prius.
' The will gives the executors a power to sell the real estate in question. By the operation of the Act of 24th February, 1834, *21the executors take the estate in the land as fully as if it had been devised to them to be sold. They may, therefore, maintain ejectment to recover…
2Cited by6 opinions
- Sears v. Scranton Trust Co.Supreme Court of Pennsylvania · 1910
- Power v. GroganSupreme Court of Pennsylvania · 1911
- Manzer v. WycoffSuperior Court of Pennsylvania · 1922
- Bradley v. Burke, Pennsylvania Court of Common Pleas, Lancaster County1948
- Kellner v. Stahl, Pennsylvania Court of Common Pleas, Philadelphia County1925
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