Brock v. Pennsylvania Steel Co.
Supreme Court of Pennsylvania
Appeal, No. 132, Jan. T., 1903, by defendant, from decree of C. P. Lebanon Co., Equity Docket, 1902, No. 1, on bill in equity in case of Horace Brock et al., Trustees under tbe will of G. Dawson Coleman, Deceased, v. Pennsylvania Steel Company. Bill in equity for specific performance.
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Appeal, No. 132, Jan. T., 1903, by defendant, from decree of C. P. Lebanon Co., Equity Docket, 1902, No. 1, on bill in equity in case of Horace Brock et al., Trustees under tbe will of G. Dawson Coleman, Deceased, v. Pennsylvania Steel Company. Bill in equity for specific performance. Before Erhgood, P. J. From the record it appeared that G. Dawson Coleman, being the owner in fee of the undivided fifteen ninety-sixths parts or shares in the Cornwall ore banks and mine hills situated in Lebanon county, Pennsylvania, died testate in the year 1878. By his last will and testament, duly proven, he…
1Opinion of the Court
Opinion by
Mr. Justice Mitchell,
Certain technical objections are made to the proceedings and decree because there is no distinct finding that the property could be sold “ without injury or prejudice to any trust, charity or purpose ” for which it was held under the will, and no such finding that it could be sold “ without the violation of any law conferring an immunity or exemption from sale or alienation.” These objections are probably made from superabundant caution. The jurisdictional facts appear in the record. The petition sets forth, inter alia, that a large element of value in the…
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