Davidson, Exrx. v. Bright
Supreme Court of Pennsylvania
Appeal, No. 225, Jan. T., 1920, by defendant, from judgment of C. P. Lackawanna Co., Jan. T., 1920, No. 320, in favor of plaintiff in the case of Anna B. Davidson, executrix of Charles P. Davidson, deceased, v. William E. Bright. Case-stated to determine marketability of realty. Before Newcomb, J. In effect the action was for specific performance of an agreement for the sale of land at suit of the vendor.
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Appeal, No. 225, Jan. T., 1920, by defendant, from judgment of C. P. Lackawanna Co., Jan. T., 1920, No. 320, in favor of plaintiff in the case of Anna B. Davidson, executrix of Charles P. Davidson, deceased, v. William E. Bright. Case-stated to determine marketability of realty. Before Newcomb, J. In effect the action was for specific performance of an agreement for the sale of land at suit of the vendor. The agreement contained a covenant to convey in fee on or before a given date “free from all encumbrances.” Within the time appointed, the executrix made tender of a deed which was refused…
1Opinion of the Court
Opinion by
Mr. Justice Kephart,
Unless we hold that a direction “to pay all my just debts and funeral expenses” in one item of a will, and in another the power “I hereby authorize my executors to make sale of any of my real estate,” work a conversion at the moment of testator’s death, breaking the descent and vesting the entire estate as personalty, or that section 30 of the Fiduciaries Act of 1917 controls, we are bound to reverse this judgment. The question before us arose in a very simple manner. The executor of such a will, within a year of testator’s death, made a contract to sell real…
2Cases cited18 opinions
- Irwin v. PatchenSupreme Court of Pennsylvania · 1894
- Hunt's AppealsSupreme Court of Pennsylvania · 1884
- Kirk v. Van HornSupreme Court of Pennsylvania · 1920
- Cooper's EstateSupreme Court of Pennsylvania · 1903
- Chamberlain's EstateSupreme Court of Pennsylvania · 1917
13 more not listed; retrieve them via the Exa API.
3Cited by43 opinions
- Greene County v. Southern Surety Co.Supreme Court of Pennsylvania · 1927
- Williams Et Ux. v. MeredithSupreme Court of Pennsylvania · 1937
- Heaney v. Mauch Chunk Boro. (Et Al.)Supreme Court of Pennsylvania · 1936
- Shugars v. Chamberlain Amusements Enterprises, Inc.Supreme Court of Pennsylvania · 1925
- Devers v. Scranton CitySupreme Court of Pennsylvania · 1932
38 more not listed; retrieve them via the Exa API.