Handley's Estate
Supreme Court of Pennsylvania
Appeal, No. 39, Jan. T., 1916, by the Handley Board of Trustees, from decree of O. C., Lackawanna Co., Series A, No. 692, dismissing petition for an injunction and for an order to convey real estate to petitioners, in Estate of John Handley, Deceased. Petition for an injunction and for a rule to show cause why certain real estate of decedent should not be conveyed to petitioners.
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Appeal, No. 39, Jan. T., 1916, by the Handley Board of Trustees, from decree of O. C., Lackawanna Co., Series A, No. 692, dismissing petition for an injunction and for an order to convey real estate to petitioners, in Estate of John Handley, Deceased. Petition for an injunction and for a rule to show cause why certain real estate of decedent should not be conveyed to petitioners. Sando, P. J., filed the following opinion: This is a proceeding brought by the residuary legatee under the will of the testator, to compel the executors to turn over to said legatee, without conversion, certain real…
1Opinion of the Court
Per-Curiam,
Nothing was shown in the court below calling for any interference with the direction of the testator as to what shall be done with his real estate. To have granted the first and third prayers of the petitiofi of the Handley Board of Trustees would have been, as learned counsel for appellees well contend, “a substituted method” by the court for the disposition of the real estate of the deceased. His direction as to what is to be done with it, as found in the thirteenth clause of his will, is controlling, and his intention, as therein expressed, is not to be thwarted by any one.
Decree…
2Cited by1 opinion
- Nagle, Admrx. v. Fleming Et Ux.Supreme Court of Pennsylvania · 1931