Chew v. Nicklin
Supreme Court of Pennsylvania
ERROR to the District Court of Philadelphia. This was an action of partition at common law, brought by Susan M. Nicklin against Benjamin Chew, who was impleaded with Plenry B. Chew, James M. Mason and Eliza his wife, Anne S. P. Chew, John T. B. Dorsey and Katherine C. his wife, Joseph C. D. Christman, Maria Watmough, George M. Dallas and Sophia 0. his wife, John Philips Montgomery, Henry E. Montgomery, and Oswald C. Montgomery, trustees of John C. Montgomery, under the last…
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ERROR to the District Court of Philadelphia. This was an action of partition at common law, brought by Susan M. Nicklin against Benjamin Chew, who was impleaded with Plenry B. Chew, James M. Mason and Eliza his wife, Anne S. P. Chew, John T. B. Dorsey and Katherine C. his wife, Joseph C. D. Christman, Maria Watmough, George M. Dallas and Sophia 0. his wife, John Philips Montgomery, Henry E. Montgomery, and Oswald C. Montgomery, trustees of John C. Montgomery, under the last will and testament of Elizabeth PI. Montgomery, John C. Montgomery, John Philips Montgomery, Plenry E. Montgomery,…
1Opinion of the Court
The opinion of the court was delivered,
by
Woodward, J.
The doctrine of equitable conversion is nothing more than the application to deeds and wills of the principle of equity which treats that as done which ought to be done. Where land is directed to be converted into money, or money into land, it is to be treated as that species of property into which the one or the other is directed to be converted. But this court said in Bleight v. The Bank, 10 Barr 132, that in order to change real into personal estate, it is essential that the direction to convert be positive and explicit; that the will,…
2Cases cited1 opinion
- Morris v. MesserTennessee Supreme Court · 1927
3Cited by7 opinions
- Sheridan v. Sheridan, Pennsylvania Court of Common Pleas, Philadelphia County1890
- Sill v. BlaneySupreme Court of Pennsylvania · 1893
- Bradley v. Burke, Pennsylvania Court of Common Pleas, Lancaster County1948
- Dieterich's EstatePennsylvania Orphans' Court, Philadelphia County · 1932
- Hackett's EstatePennsylvania Orphans' Court, Philadelphia County · 1942
2 more not listed; retrieve them via the Exa API.