List v. Rodney
Supreme Court of Pennsylvania
Error to the Court of Common Pleas, No. 2, of Philadelphia county: Of January Term 1877, No. 108. - This was a case stated in which John Rodney, in his own right and in right of his wife, and as trustee under the -will of James S. Duval, Sarah Rodney, his wife, James Duval Rodney and Louisa C. Rodney were plaintiffs, and J. Frederick List was defendant.
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Error to the Court of Common Pleas, No. 2, of Philadelphia county: Of January Term 1877, No. 108. - This was a case stated in which John Rodney, in his own right and in right of his wife, and as trustee under the -will of James S. Duval, Sarah Rodney, his wife, James Duval Rodney and Louisa C. Rodney were plaintiffs, and J. Frederick List was defendant. The action arose out of a sale of a piece of ground by the plaintiffs to the defendant, a deed for which the defendant refused to accept on the ground of a defect in the plaintiffs’ title. The case stated was as follows:— “ James S. Duval, the…
1Opinion of the CourtJustice Mercur
The defendants in error derived title to the real estate in controversy under the will of James S. Duval. The language, in item No. 2 of the original will, is, “ to my daughter, Sarah Rodney, I bequeath” (the land in question) “ to be held by her husband John Rodney, whom I hereby appoint trustee, in trust for her children.” By codicil thereto he further devised and declared “that in item No. 2 of my said will the devise to my daughter Sarah Rodney, and to her children, is intended and shall give to her children living at her death, and to the lawful issue of any of them, if dead, in right of…
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