Williams's Appeal
Supreme Court of Pennsylvania
Appeal from the Orphans’ Court of Philadelphia. This was an appeal by J. W. Williams, from the decree of the court below, on the distribution of the estate of George W. Edwards, deceased. The appellees are the executors of deceased..
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Appeal from the Orphans’ Court of Philadelphia. This was an appeal by J. W. Williams, from the decree of the court below, on the distribution of the estate of George W. Edwards, deceased. The appellees are the executors of deceased.. George W. Edwards died August 27th 1861. By indenture, bearing date the 13th of April 1853, Catherine Keppele had conveyed to him in fee, a lot of ground in the city of Philadelphia, reserving a yearly rent of $462, payable in even and equal portions on the first days of April and October in every year thereafter for ever., The deed provided that on default of…
1Opinion of the Court
The opinion of the court was delivered, by
Thompson, J.
Quain’s Appeal, 10 Harris 510, resulted rather as a consequence of the difficulty of enforcing the covenant with its incidents, against the executor for breaches of it after the death of the covenantor, than on account of its absence in fact or law. Indeed, it was expressly present, but it was believed to be incapable of full performance by an executor, being in its nature perpetual, while the office of executor was temporary, existing only so long as necessary to settle and distribute the estate of the testator. The covenant, in its…
2Cases cited1 opinion
- Shelly v. ShellySupreme Court of Pennsylvania · 1844
3Cited by5 opinions
- Rushton v. LippincottSupreme Court of Pennsylvania · 1888
- In Re Estate of WishnickSupreme Court of Minnesota · 1937
- In re Girard Trust Co., Pennsylvania Court of Common Pleas, Philadelphia County1939
- Kernochan v. MurrayNew York Supreme Court · 1886
- Smith's EstatePennsylvania Orphans' Court, Philadelphia County · 1941