Frederick's Appeal
Supreme Court of Pennsylvania
Appeal from the Court of Common Pleas of Montgomery county, by Charles Frederick, executor, &c., of Philip Nace, Sr., deceased.
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Appeal from the Court of Common Pleas of Montgomery county, by Charles Frederick, executor, &c., of Philip Nace, Sr., deceased. The decedent, on the 29th of October 1858, made a deed to Tobias Nace, John Boyer and Thomas Scholl, of which the preamble is:— “ Whereas, I, Philip Nace, Sr., in consequence of certain disadvantageous bargains and undertakings, and being old and feeble, have meet with considerable losses, and being now indebted to a considerable amount, have become so much troubled in mind as to be incapable of attending properly to business, and having reason to fear, if this state…
1Opinion of the Court
The opinion of the court was delivered, June 25th 1866, by
Woodward, C. J.
Philip Nace, of whose estate the appellant is executor, made a deed to trustees October 29th 1853, of real and personal estate, and afterwards filed a bill in equity to cancel and set aside the deed on account of imbecility and fraud. He failed in that suit: see Nace’s Appeal, 6 Casey 99. Afterward, on the 19th of February 1861, he executed a deed revoking the powers and trusts of the deed of 1853, except as to the rights of creditors, and subsequently made a will appointing Frederick his executor, and bequeathing part…
2Cases cited1 opinion
- Hunt v. Rousmanier's AdministratorsSupreme Court of the United States · 1823
3Cited by33 opinions
- Scanlon's EstateSupreme Court of Pennsylvania · 1933
- Shapley TrustSupreme Court of Pennsylvania · 1945
- Pengelly EstateSupreme Court of Pennsylvania · 1953
- Wilson v. AndersonSupreme Court of Pennsylvania · 1898
- Tunnell's EstateSupreme Court of Pennsylvania · 1937
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