Lessee of Smith v. Folwell
Supreme Court of Pennsylvania
TH* JECTMENT for a messuage and lot in the city of Philadelphia, in which the following case was stated, to be considered as a special verdict. “ John Bleakley the elder, being seised in fee of the premises in the declaration mentioned, on the 8th day of August 1768, duly made and executed his last will in writing of that date, and thereby devised as follows: “ As for and concerning my “ worldy estate, I give, devise, and bequeath, the same in “ manner following, &c.
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TH* JECTMENT for a messuage and lot in the city of Philadelphia, in which the following case was stated, to be considered as a special verdict. “ John Bleakley the elder, being seised in fee of the premises in the declaration mentioned, on the 8th day of August 1768, duly made and executed his last will in writing of that date, and thereby devised as follows: “ As for and concerning my “ worldy estate, I give, devise, and bequeath, the same in “ manner following, &c. I give and bequeath to my brother “ David Bleakley, living in the north of Ireland,, the sum of 10/. “ sterling. Also, I give…
1Opinion of the Court
Upon this day the judges delivered their opinions.
Tilghman C. J.
The question in this case arises on the will of John Bleakley the elder, and is to be resolved by ascertaining what the contingency was, on which the testator authorized his executor to sell his real estate, and divide the proceeds among his brothers and sisters. If that contingency has taken effect, the plaintiff will be entitled to recover, because there is no doubt, that the power to sell is extended to the executors of the original executor; nor is it in its nature more remote than the law permits, being to take effect on the…
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