Neel v. Beach
Supreme Court of Pennsylvania
Appeal from the'Court of Common Pleas of Washington county: Of October and November Term 1879, No. 277. Chauncy Beach, of Monongahela city, Washington county, Pennsylvania, died testate on the 19th day of May 1870. At the time of his death he was a member of the firm of Foster, Blythe & Co., and engaged in the lumber business, building boats, furnishing materials for buildings, &c.
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Appeal from the'Court of Common Pleas of Washington county: Of October and November Term 1879, No. 277. Chauncy Beach, of Monongahela city, Washington county, Pennsylvania, died testate on the 19th day of May 1870. At the time of his death he was a member of the firm of Foster, Blythe & Co., and engaged in the lumber business, building boats, furnishing materials for buildings, &c. The firm owned, beside their stock in trade, tools, &c., a large amount of real estate on which their mills were erected, or used as lumber yards, &c. The title to the larger part of this real estate was in the…
1Opinion of the CourtJustice Trunkey
Whether the 5th paragraph in this will, considered by itself, gives Charles E. Beach power to sell and convey real estate need not be determined; for there is another paragraph which authorizes and empowers the “ executors, Charles E. Beach and George F. Scott, or either of them surviving, to make, sign, seal, deliver and acknowledge any deed or deeds, or any other writing that may be necessary to carry out the intent and meaning of” the will. To ascertain the intention of any clause the whole will must be taken into view, especially the parts touching the same point. The fifth and sixth…
2Cited by6 opinions
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- Schuler v. CommissionerUnited States Board of Tax Appeals · 1933
- Carwithen's EstatePennsylvania Orphans' Court, Philadelphia County · 1937
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