Beatty v. Byers
Supreme Court of Pennsylvania
Error, to the Common Pleas of Armstrong county. This was'an action of ejectment brought by David Beatty against Peter Byers, James Hays, and Robert Hays, to recover 85 acres of land, situate on.the west side of the Allegheny river, in said county. The plaintiff claimed the land by virtue of an actual settlement made by Samuel Anderson, and by clivers mesne conveyances, vesting the title to the land in William Kiers.
Read the full summary
Error, to the Common Pleas of Armstrong county. This was'an action of ejectment brought by David Beatty against Peter Byers, James Hays, and Robert Hays, to recover 85 acres of land, situate on.the west side of the Allegheny river, in said county. The plaintiff claimed the land by virtue of an actual settlement made by Samuel Anderson, and by clivers mesne conveyances, vesting the title to the land in William Kiers. Kiers died in 1824, after having made his will, dated 3d August, 1824, duly registered in Armstrong county on the 26th August, 1824, by which he devised to his wife Elizabeth…
1Opinion of the Court
The opinion of the Court was delivered, by
Bell, J.
That the implied direction to sell the land, charged by implication, for the payment of the unequal legacies bequeathed to the testator’s children, worked an equitable conversion into money, is conceded by the litigants. An immediate and inevitable effect of this direction was to break the descent by vesting the estate in the trustees, clothed with the power to sell, and to confer on the legatees, not an interest in the land, but simply a right to the proceeds of sale, in the proportions designated by the will. They take, by force of the…
2Cited by7 opinions
- Sherrod v. StateMississippi Supreme Court · 1908
- Robinson v. PierceSupreme Court of Pennsylvania · 1924
- Clifton v. OwensSupreme Court of North Carolina · 1916
- Lincoln v. WakefieldSupreme Court of Pennsylvania · 1912
- Jackson v. GuntonSuperior Court of Pennsylvania · 1904
2 more not listed; retrieve them via the Exa API.