Legal Opinion

Dyer v. Cornell

Supreme Court of Pennsylvania

Decided December 15, 1846PublishedCited by 2 opinions

In error from the Common Pleas of Bucks county. Bee. 30. J. C. by his will devised certain land to trustees in trust for his son J. C. for life, remainder among the issue of J. C. equally. J. C., the younger, died, leaving four children, Elizabeth, the plaintiff’s intestate, and E., S., and J., on whom notice of this proceeding was served.

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In error from the Common Pleas of Bucks county. Bee. 30. J. C. by his will devised certain land to trustees in trust for his son J. C. for life, remainder among the issue of J. C. equally. J. C., the younger, died, leaving four children, Elizabeth, the plaintiff’s intestate, and E., S., and J., on whom notice of this proceeding was served. The guardian of these children, on an order of the Orphans’ Court, under the act of 1836, § 31, art. 3, made sale of the real estate for their maintenance and education. After the receipt of the money by the guardian, Elizabeth married the plaintiff, by…

1Opinion of the CourtCoulter, J.

By the order of the Orphans’ Court of Bucks county, to sell the lands of the minor children of James Craven, deceased, “for‘their maintenance and education, and the guardian having sold the land, and upon confirmation of the sale by the court, having made a deed to the purchaser and received the purchase money, the estate of the minors in the land w'as divested. In point of fact the land was converted into money.. The judicial alchymy can transform it into land. The guardian was bound to deal with it as money; and if the necessities of his ward did not require its immediate use, it was his…

2Cases cited5 opinions

  1. Commonwealth v. PoolSupreme Court of Pennsylvania · 1837
  2. Wademan v. ThorpSupreme Court of Pennsylvania · 1836
  3. Grider v. M'ClaySupreme Court of Pennsylvania · 1824
  4. Biggert v. BiggertSupreme Court of Pennsylvania · 1838
  5. Fromberger v. GreinerSupreme Court of Pennsylvania · 1840

3Cited by2 opinions

  1. Wolfe v. Lewisburg Trust & Safe Deposit Co.Supreme Court of Pennsylvania · 1931
  2. Sobern v. LiepiczSuperior Court of Pennsylvania · 1915

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