Funck's Estate
Superior Court of Pennsylvania
Appeal, No. 53, Oct. T., 1900, by Martin Funck, from decree of O. O. Lebanon Co., ordering sale of real estate in the estate of John Funck, deceased. Petition of Daniel Funck, trustee, to sell land.
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Appeal, No. 53, Oct. T., 1900, by Martin Funck, from decree of O. O. Lebanon Co., ordering sale of real estate in the estate of John Funck, deceased. Petition of Daniel Funck, trustee, to sell land. From the record it appeared that John Funck died in 1865, seized among other lands of a fann, situate in the township of North Lebanon, on which was located a small cemetery, twenty-two feet by forty-six feet, which had been used for burial purposes since about 1795, and on which about fourteen bodies had been interred, including the wife of John Funck, who died in 1857, and was the last one…
1Opinion of the Court
Opinion by
W. D. Porter, J.,
The will of John Funck reserved the small burial ground, 22x46 feet in size, and the narrow strip of ground leading therefrom to the lane located upon his land, out of the operation of the power to sell real estate conferred upon the executors. The express denial to the executors of the power to sell has no bearing upon the nature of the estate created by the devise of the burial ground. The burial ground was devised to “Daniel Funck, and his heirs in fee in trust and for the use of a burial ground forever. ” There was a direction that after the death of Daniel some…
2Cases cited14 opinions
- Fire Insurance Patrol v. BoydSupreme Court of Pennsylvania · 1888
- First Methodist Episcopal Church v. Old Columbia Public Ground Co.Supreme Court of Pennsylvania · 1883
- Burton's AppealSupreme Court of Pennsylvania · 1868
- In re John C. Mercer Home for Disabled ClergymenSupreme Court of Pennsylvania · 1894
- Appeal of GumbertSupreme Court of Pennsylvania · 1885
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3Cited by2 opinions
- In re Franklin Street ChurchSupreme Court of Pennsylvania · 1915
- Congregation Shaarai Shomayim v. MossSuperior Court of Pennsylvania · 1903