Whichcote v. Lyle's Executors
Supreme Court of Pennsylvania
Certificate from Nisi Prius. On the 30th January, 1855, a bill in equity was filed by Sir Thomas Whichcote, administrator of Marianne Whichcote, his late wife, and in his own right, against Hartman Kuhn, Henry Becket, and John B. Newman, executors- of James Lyle, deceased, in which was set forth, that James Lyle died on the 10th August, 1826, having first made his last will and testament, dated 24th July, 1826. That by the said will the testator, after appointing the…
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Certificate from Nisi Prius. On the 30th January, 1855, a bill in equity was filed by Sir Thomas Whichcote, administrator of Marianne Whichcote, his late wife, and in his own right, against Hartman Kuhn, Henry Becket, and John B. Newman, executors- of James Lyle, deceased, in which was set forth, that James Lyle died on the 10th August, 1826, having first made his last will and testament, dated 24th July, 1826. That by the said will the testator, after appointing the respondents his executors, and empowering them to make sale and conveyance of any part or the whole of his real and personal…
1Opinion of the Court
The opinion of the court was delivered by
Lowbie, J.
Nearly all the points in this case are ruled by the principles enunciated in some recent decisions, and the others are of very easy solution.
Since this suit was brought we have decided in Kuhn v. Newman, 26 State Rep. 227, that Mr. Lyle’s granddaughters, including the-plaintiff’s wife, took legal estates under his will, not subject to the trusts therein attempted to be imposed upon them. There is a seeming conflict between that case and the case of Steacy v. Rice, 27 Id. 75, but the latter case is reported two years out of time, and after a…
2Cases cited1 opinion
- Reese v. WatersSupreme Court of Pennsylvania · 1842