Battersby v. Castor
Supreme Court of Pennsylvania
Appeal, No. 73, Jan. T.„ 1897, by plaintiff, from judgment of C. P. No. 4, Phila. Co., Sept. T., 1895, No. 433, non obstante veredicto. Ejectment to recover a tract of land in the twenty-third ward of the city of Philadelphia.
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Appeal, No. 73, Jan. T.„ 1897, by plaintiff, from judgment of C. P. No. 4, Phila. Co., Sept. T., 1895, No. 433, non obstante veredicto. Ejectment to recover a tract of land in the twenty-third ward of the city of Philadelphia. At the trial it appeared that Benjamin Haigh died in June, 1871, leaving a will the material portion of which was as follows : “ And to such real estate as it hath pleased Almighty God to intrust me with I dispose of the same as follows, viz: “ I order and direct my hereinafter-named executors, to wit: my beloved wife, Mary Ann, and my esteemed friend, Levi Battersby,…
1Opinion of the Court
Opinion by
Mr. Justice McCollum:,
Benjamin S. Haigh died in June, 1871, testate, leaving to survive him, his wife and four children. By his will executed in May and proved in July of that year he appointed his wife and the plaintiff in this suit his executors with power to sell his real estate. They sold the farm, but did not deem it for the best interest of the wife and children to sell the land now in dispute. As the children came of age they conveyed their interests in this land to their mother, who on April 20, 1892 sold and conveyed the same to Allen Waters for the consideration or sum of…
2Cases cited2 opinions
- Smith v. WildmanSupreme Court of Pennsylvania · 1896
- Rector of Trinity Church v. Watson & Patterson ex rel. PattersonSupreme Court of Pennsylvania · 1865
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- Krick's EstateSupreme Court of Pennsylvania · 1941
- Barnitz v. HydemanSupreme Court of Pennsylvania · 1920