Taylor v. Haskell
Supreme Court of Pennsylvania
Appeal, No. 384, Jan. T., 1896, by plaintiff, from judgment of C. P. Lancaster Co., Sept. T., 1895, No. 6, on verdict for defendants. Ejectment for a tract of land in Manor township. Before Livingston, P. J. The facts appear by the opinion of the Supreme Court. The court below gave binding instructions for defendants. Yerdict and judgment for defendants. Plaintiff appealed. Error assigned was above instruction.
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Appeal, No. 384, Jan. T., 1896, by plaintiff, from judgment of C. P. Lancaster Co., Sept. T., 1895, No. 6, on verdict for defendants. Ejectment for a tract of land in Manor township. Before Livingston, P. J. The facts appear by the opinion of the Supreme Court. The court below gave binding instructions for defendants. Yerdict and judgment for defendants. Plaintiff appealed. Error assigned was above instruction. The rule is well settled that persons who act in a fiduciary capacity cannot become purchasers at their own sale against the dissent of their cestui que trust: Hill on Trustees, 536;…
1Opinion of the Court
Opinion by
Mr. Justice Dean,
Percie A. Taylor, a married woman, died in February, 1880, leaving her husband, George A. Taylor, and an infant son, this plaintiff, to survive her. She was owner at her death of twenty-three acres of improved land, on which was a gristmill. Her husband, at her death, was operating the mill and managing the property. There was no other property, except her clothing and some personal jewelry. She left a will in which, after bequeathing her small quantity of personal property to her husband, son and near friends, she thus disposed of her real estate:
“ The balance of…
2Cases cited3 opinions
- Anewalt's AppealSupreme Court of Pennsylvania · 1862
- Peterson's AppealSupreme Court of Pennsylvania · 1879
- Shuman's AppealSupreme Court of Pennsylvania · 1856
3Cited by5 opinions
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- Seeds v. BurkSupreme Court of Pennsylvania · 1897
- Shaffer EstateSupreme Court of Pennsylvania · 1948
- Browning v. BoswellCourt of Appeals for the Fourth Circuit · 1914
- Staller Estate, Pennsylvania Court of Common Pleas, Schuylkill County1956