Styer v. Freas
Supreme Court of Pennsylvania
Error to tbe Common Pleas of Montgomery county. This was a case stated, in which Elizabeth Styer and Henry Styer, acting trustees and executors, &c. of David Styer, deceased, were plaintiffs, and Solomon Freas was defendant.
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Error to tbe Common Pleas of Montgomery county. This was a case stated, in which Elizabeth Styer and Henry Styer, acting trustees and executors, &c. of David Styer, deceased, were plaintiffs, and Solomon Freas was defendant. The following case was stated for the opinion of the court, to be considered as a special verdict, either party to have the right to take a writ of error:— David Styer died at Montgomery county, on or about the day of A. D. 1825, having first made his last will and testament, wherein he appointed the said Elizabeth Styer, Henry Styer, and Charles Styer, his executors, two…
1Opinion of the Court
The opinion of the court was delivered by
Gibson, C. J.
As a general rule, it is not to be disputed that a power to sell on the happening of an event, cannot be well executed before the event; but there may be exceptions to it. Executors can sell only at the time intended; but the intention may be discoverable, not only from the words of the power, but from the whole will. When an event turns up which the testator had not contemplated, a court is compelled to inquire how he would have provided for it had it been foreseen—in short, to suppose an intention for him where he had none—and this case…
2Cited by3 opinions
- Hamlin v. ThomasSupreme Court of Pennsylvania · 1889
- Estate of Sallie B. DingeeSuperior Court of Pennsylvania · 1933
- Knapp v. NissleySupreme Court of Pennsylvania · 1916