Zerby v. Zerby
Supreme Court of Pennsylvania
ERROR to the common pleas of Berks county. John Zerby against Jacob Zerby’s estate. This was a feigned issue directed by the orphans’ court of Berks county, between John Zerby and a creditor of Jacob Zerby, deceased, to ascertain whether John Zerby had a claim against .the estate of Jacob Zerby, and if so whether the amount due was a lien on the land of Jacob Zerby.
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ERROR to the common pleas of Berks county. John Zerby against Jacob Zerby’s estate. This was a feigned issue directed by the orphans’ court of Berks county, between John Zerby and a creditor of Jacob Zerby, deceased, to ascertain whether John Zerby had a claim against .the estate of Jacob Zerby, and if so whether the amount due was a lien on the land of Jacob Zerby. On the 27th of February 1809, Christian Zerby made his will, which was proved the 25th of September 1S09, in which he devised his real estate to his sons Jacob, Christian and John (leaving no other children) with this proviso,…
1Opinion of the Court
The opinion of the court was delivered by
Rogers, J.
The jury having decided that John Zerby was the creditor of his brother Jacob, the only question which remains is, whether the amount due is a lien on the land of Jacob Zerby. This point arises on the third clause 'of the will of Christian Zerby, *236namely, “ I will that after my death, vendne shall be made, and all my debts shall be paid, and that my three sons, namely, Jacob and Christian and John, with all my land shall hold vendne among themselves, and whosoever shall'give the most for it, shall have it, and that the money shall be divided…
2Cases cited2 opinions
- Fish v. HowlandNew York Court of Chancery · 1828
- Coonrod v. CoonrodOhio Supreme Court · 1833