Simmons's Estate
Supreme Court of Pennsylvania
Appeal, No. 129, Jan. T., 1916, by James E.'Speed and John T. Speed, Executors, from Decree of O. C. Erie Co., Nov. T., 1915, No. 84, granting order restraining executors from making conveyance of real estate in Estate of Nancy J. Simmons, deceased. Petition for order restraining James E. Speed and John T. Speed, two of tbe three executors of the estate of Nancy J. Simmons, deceased, from making sale of real estate.
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Appeal, No. 129, Jan. T., 1916, by James E.'Speed and John T. Speed, Executors, from Decree of O. C. Erie Co., Nov. T., 1915, No. 84, granting order restraining executors from making conveyance of real estate in Estate of Nancy J. Simmons, deceased. Petition for order restraining James E. Speed and John T. Speed, two of tbe three executors of the estate of Nancy J. Simmons, deceased, from making sale of real estate. Before Whittelsey, J. The petitioner, Susan Maud Langsmesser, is a daughter of the decedent and one of the legatees named in the will. Further facts appear by the opinion of the…
1Opinion of the Court
Opinion by
Me. Justice Mestbezat,
T3ie learned court below was clearly right in restraining the two executors from selling and conveying the real estate of the testatrix without the concurrence and acquiescence of the third executor, and the decree must, therefore, be affirmed. It is well settled by numerous decisions in this State that where a power to sell and convey real estate is vested in executors all the executors whose renunciations are not of record must exercise the power and join in the conveyance. This was decided more than three-quarters of a century ago in Heron v. Hoffner, et…
2Cases cited4 opinions
- Heron v. HoffnerSupreme Court of Pennsylvania · 1832
- Neel v. BeachSupreme Court of Pennsylvania · 1879
- Severns's EstateSupreme Court of Pennsylvania · 1905
- Daily's AppealSupreme Court of Pennsylvania · 1878
3Cited by3 opinions
- Oil City N. Bk., Exr. v. McCalmont, Exr.Supreme Court of Pennsylvania · 1931
- Highland v. Empire National Bank of ClarksburgWest Virginia Supreme Court · 1933
- Bernhardt v. LukeSupreme Court of Delaware · 1956