Swift's Appeal
Supreme Court of Pennsylvania
Appeal from the Orphans’ Court of Allegheny county: Of October and November Term 1877, No. 249. Appeal of Rév. E. P. Swift from the decree of the court dismissing his petition praying for a citation to the executors of the will of Margaret Giffin, deceased, to show cause why an order should not issue for a sale of the residuary estate of said decedent, including lands unsold.
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Appeal from the Orphans’ Court of Allegheny county: Of October and November Term 1877, No. 249. Appeal of Rév. E. P. Swift from the decree of the court dismissing his petition praying for a citation to the executors of the will of Margaret Giffin, deceased, to show cause why an order should not issue for a sale of the residuary estate of said decedent, including lands unsold. Margaret Giffin died April 1st 1872, leaving a son and two daughters, Susan, the wife of Dr. Rankin, and Emily, the wife of Rev. E. P. Swift. By her last will Mrs. Giffin directed her executors to expend what was…
1Opinion of the Court
The iudgment of the Supreme Court was entered,
2Per curiam
The power of sale in this case was clearly not an absolute direction to sell, and thereby to convert the realty into money, but was an enabling authority to carry out the requirements of the will as to payment of debts and legacies. It had relation to personal as well as real estate, and defined neither as to its extent, leaving the matter necessarily to the judgment of the executors as to when and what to sell. When the purpose of the will became accomplished by payment of debts and legacies, it is clear that the testator did not command a sale…
3Cited by4 opinions
- Philadelphia v. JohnsonSuperior Court of Pennsylvania · 1903
- Wilkinson v. BuistSupreme Court of Pennsylvania · 1889
- Potts v. BrenemanSupreme Court of Pennsylvania · 1897
- Brumbaugh v. KrouseSuperior Court of Pennsylvania · 1922