Laird's Appeal
Supreme Court of Pennsylvania
Appeal from the Orphans’ Court of Westmoreland county: Of October and November Term 1877, No. 242. This was the appeal of J. M. Laird and others, from the decree of the court confirming the report of the auditor appointed to distribute the fund in the hands of the executor of the estate of Eliza M. Johnston, deceased. Eliza M. Johnston died oft the 30th of September 1865. Her husband and two sons survived her.
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Appeal from the Orphans’ Court of Westmoreland county: Of October and November Term 1877, No. 242. This was the appeal of J. M. Laird and others, from the decree of the court confirming the report of the auditor appointed to distribute the fund in the hands of the executor of the estate of Eliza M. Johnston, deceased. Eliza M. Johnston died oft the 30th of September 1865. Her husband and two sons survived her. She left a will, wherein, after certain specific legacies, she devised all of her estate, in trust, to her two sons, to be divided and paid to them share and share alike, when they…
1Opinion of the CourtJustice Mercur
*343Francis Laird, by his last will and testament, directed that after the death of his wife, all his estate should be appraised and sold, lie further directed that if any of his sons thought proper to take the farm at the appraisement he should have the privilege of doing so, on paying the other heirs their respective shares, and that all the money arising from the sale be equally divided among all his children, share and share alike. He died leaving sons and daughters. The rule is too well settled, to need the citation of authorities, that an express and explicit direction by the will, to sell…
2Cited by8 opinions
- McGarvey v. Magee-Womens HospitalDistrict Court, W.D. Pennsylvania · 1972
- In re the Will of MillerSupreme Court of Iowa · 1905
- Lloyd's EstateSupreme Court of Pennsylvania · 1924
- Trattner EstateSupreme Court of Pennsylvania · 1958
- Kessler's EstateSupreme Court of Pennsylvania · 1919
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