Roland v. Miller
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Berks county: Of January Term 1881, No. 78. On May 1st 1875, a judgment was entered on a bond and warrant of attorney in favor of Horace Roland against J. Ross Miller and William Miller, for $500. In 1879 the plaintiff issued a scire facias post annum et diem to revive said judgment, et quare executionem non, against the said defendants, with notice to William Wanner, terre-tenant.
Read the full summary
Error to the Court of Common Pleas of Berks county: Of January Term 1881, No. 78. On May 1st 1875, a judgment was entered on a bond and warrant of attorney in favor of Horace Roland against J. Ross Miller and William Miller, for $500. In 1879 the plaintiff issued a scire facias post annum et diem to revive said judgment, et quare executionem non, against the said defendants, with notice to William Wanner, terre-tenant. On the trial, before Sassaman, J., a single question of law arose upon the undisputed facts, viz., whether the will of one Elizabeth Miller worked an equitable conversion of…
1Opinion of the CourtJustice Trunkey
The testatrix directs that all her “ personal estate shall be divided equally among her children and heirs-at-law.” In a subsequent item she makes the same disposition of the proceeds from any sale or sales, rent or rents, of her real estate. The real estate, as realty, is not devised; but the executors are authorized to lease the whole or any part for a term of fifteen years, and shall not be compelled by her heirs to sell any real estate, so leased, until the expiration of the term. Sales of real estate ax-e prohibited for ten years after the decease of the testatrix, unless the executors…
2Cited by14 opinions
- Carmany EstateSupreme Court of Pennsylvania · 1947
- Grier EstateSupreme Court of Pennsylvania · 1961
- Beaver v. RossSupreme Court of Iowa · 1908
- St. Louis Union Trust Co. v. LittleSupreme Court of Missouri · 1928
- Girt EstateSupreme Court of Pennsylvania · 1973
9 more not listed; retrieve them via the Exa API.