Hay v. Mayer
Supreme Court of Pennsylvania
ERROR to the common pleas of Dauphin county. Andrew S, Morrison, administrator de bonis non cum testamento annexo of Hugh Hay, deceased, against George Mayer and others, tenants in possession.
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ERROR to the common pleas of Dauphin county. Andrew S, Morrison, administrator de bonis non cum testamento annexo of Hugh Hay, deceased, against George Mayer and others, tenants in possession. This was an action of ejectment for three hundred and forty-one acres of land, and was brought to enforce the payment of a legacy under the will of Hugh Hay, deceased, on the following facts, which were found as a special verdict: “ Hugh Hay, of Derry township, Lancaster county, (now Dauphin county,) died, seized in fee simple of the land for which this suitis brought, in the year 1777, which tract of…
1Opinion of the Court
The opinion of the Court was delivered by
Kennedy, J.
The first question arising out of this case, as stated, is whether the deed of conveyance from Archibald M’Allister to Robert Coleman, bearing date the 10th of April 1805, can be considered a good execution of the power contained in the will of Hugh Hay, dated the 24th of May 1777, authorising his executors, in case his daughter Margaret, to whom he had devised, by a previous clause of his will, the land mentioned and transferred by the said conveyance, “to her, her heirs and assigns for ever,” should die without issue, to sell the whole of…
2Cases cited1 opinion
- Allison v. Wilson's ExecutorsSupreme Court of Pennsylvania · 1825
3Cited by5 opinions
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- Phillips v. BrownSupreme Court of Rhode Island · 1888