Wetherill v. Wetherill
Supreme Court of Pennsylvania
Error to.the District Court, Philadelphia. This was an action of partition by Rachel P. Wetherill, against Charlotte W. Wetherill, and others. A case was stated, with leave to turn the same into a special verdict.
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Error to.the District Court, Philadelphia. This was an action of partition by Rachel P. Wetherill, against Charlotte W. Wetherill, and others. A case was stated, with leave to turn the same into a special verdict. The case submitted was as follows: Samuel P. Wetherill, being seised in fee simple of the premises described in the summons in partition, by deed, in which his wife, Martha, joined,-dated and executed upon the 15th of October, 1834, conveyed the same as an equivalent for her patrimonial estate, which he had received and might receive, in trust to George Harrison Wikoff, for the…
1Opinion of the Court
The opinion of the Court was delivered, by
Lewis, J.
—The case of Birdsall v. Richards, just decided, was determined upon the principle that where the settlor has a qualified fee, and a power of appointment appendant to the estate, he may, at his election, pass the estate by an instrument which operates by the interest and not by the power. Ip. that case the interest remained with the holder of the power, and the residuary clause was held to pass that interest- without special reference to the power. In the case now before us, according to our construction of the deed of 15th October, 1834,…
2Cited by8 opinions
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- Pennsylvania Co. for Insurances on Lives & Granting Annuities' AccountSupreme Court of Pennsylvania · 1919
- Hupp v. Union Coal & Coke Co.Supreme Court of Pennsylvania · 1925
- Windolph TrustSupreme Court of Pennsylvania · 1953
- Jaekel EstateSupreme Court of Pennsylvania · 1967
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