Stoner v. Zimmerman
Supreme Court of Pennsylvania
Error to the Common Pleas of Dauphin county. This was an action of assumpsit by George Zimmerman and Barbara his wife, late Barbara Stoner, v. Elizabeth Stoner, administratrix of Henry Stoner, deceased, to recover a sum of money which Henry Stoner received in his lifetime, and on part of plaintiff alleged to belong to his daughter Barbara, out of the estate of her deceased grandfather, after the death of her mother.
Read the full summary
Error to the Common Pleas of Dauphin county. This was an action of assumpsit by George Zimmerman and Barbara his wife, late Barbara Stoner, v. Elizabeth Stoner, administratrix of Henry Stoner, deceased, to recover a sum of money which Henry Stoner received in his lifetime, and on part of plaintiff alleged to belong to his daughter Barbara, out of the estate of her deceased grandfather, after the death of her mother. “ The narr. was filed on the 24th March, 1851. Pleas non assumpsit and non assumpsit infra sex annos.” Barbara, the wife of George Zimmerman, having died since the institution of…
1Opinion of the Court
The opinion of the Court, filed was delivered by
Knox, J.
— To convert land into money, the direction to sell must be absolute and unconditional. In this case, the sale by the *402terms of the will depended upon the choice of the widow and children of the testator. In the absence, therefore, of a positive direction to sell, the estate retained its original character as land, and so passed under the will, and by descent to Mrs. Zimmermap, who was entitled to recover the money received for her portion from the representatives of Stoner.
The charge of Judge Pearson contained a full, clear, and correct…
2Cited by7 opinions
- Davidson, Exrx. v. BrightSupreme Court of Pennsylvania · 1920
- Irwin v. PatchenSupreme Court of Pennsylvania · 1894
- Cooper's EstateSupreme Court of Pennsylvania · 1903
- Mellon v. ReedSupreme Court of Pennsylvania · 1888
- Sill v. BlaneySupreme Court of Pennsylvania · 1893
2 more not listed; retrieve them via the Exa API.