Sweigart v. Frey
Supreme Court of Pennsylvania
In Error. ON a writ of error to Lancaster county, tbe case, appeared to be this :— Peter Berk, being seised of certain real estate, in Lancaster county, made his last will and testament, by which, after devising the real estate to his wife, Margaret, during her widowhood, he directed that after her death, it should be sold at public vendue to the highest bidder, and that the money arising from such sale, should be equally divided among all his children.
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In Error. ON a writ of error to Lancaster county, tbe case, appeared to be this :— Peter Berk, being seised of certain real estate, in Lancaster county, made his last will and testament, by which, after devising the real estate to his wife, Margaret, during her widowhood, he directed that after her death, it should be sold at public vendue to the highest bidder, and that the money arising from such sale, should be equally divided among all his children. It was afterwards agreed between the widow, and the heirs and legal representatives of the testator, that the estate should be sold at public…
1Opinion of the Court
The opinion of the Court was delivered by
Tilghman C. J.
Jacob Frey, administrator of Margaret Berk, deceased, the plaintiff below, brought this action against John Sweigart, on his bond dated the 1st May, 1812, for the *303recovery of ten months and six days interest, on the sum of one thousand pounds. In order to understand the points of law which have been made in this case, it is necessary that the facts on which they arise, should be mentioned. Peter Berk, deceased, died seised of certain lands, which he devised, by his will, to his wife, the said Margaret Berk, (the plaintiff’s intestate) for…
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