Williard v. Williard
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Indiana county: No. 1321, to October and November Term 1866. This action was an ejectment by Sarah Jane Williard, Joseph C. Williard and David E. Williard, minors, by their guardian, Elizabeth Williard, against David Williard, Alexander Findlay, John Bortz and James Foy.
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Error to the Court of Common Pleas of Indiana county: No. 1321, to October and November Term 1866. This action was an ejectment by Sarah Jane Williard, Joseph C. Williard and David E. Williard, minors, by their guardian, Elizabeth Williard, against David Williard, Alexander Findlay, John Bortz and James Foy. The writ was issued July 24th 1862: the lot in dispute, containing about 38 acres, being the one-half of a larger tract, the title to which was originally in Osgood and Thomas, and which they, on the 27th of October 1847, by their agent C. C. Gaskill, agreed to sell and convey to Jacob…
1Opinion of the Court
The opinion of the court was delivered, January 7th 1868, by
Agnew, J.
The 1st and 5th assignments of error involve the quality and sufficiency of the evidence given in support of the trust in Jacob Williard for his brother John. Before the passage of the Act of 22d April 1856, parol evidence was always received of trusts, expressed or implied. This is not denied as the general rule, hut it is contended that declarations of the alleged trustee made after the origination of the trust are not competent.The question is a decided one, and arose in Gregory’s Lessee v. Salter, 1 Dall. 193, in which…
2Cases cited10 opinions
- Adlum v. YardSupreme Court of Pennsylvania · 1829
- Robertson v. RobertsonSupreme Court of Pennsylvania · 1839
- Stroble v. SmithSupreme Court of Pennsylvania · 1839
- Calhoun v. HaysSupreme Court of Pennsylvania · 1844
- Kisler v. KislerSupreme Court of Pennsylvania · 1834
5 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Poole v. Union Trust Co.Michigan Supreme Court · 1916
- Ferguson v. Rafferty, Pennsylvania Court of Common Pleas, Clearfield County1889
- McCloskey v. McCloskeySupreme Court of Pennsylvania · 1903
- Christy v. ChristySupreme Court of Pennsylvania · 1946
- Gates v. KeichlineSupreme Court of Pennsylvania · 1925
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