Knapp v. Nissley
Supreme Court of Pennsylvania
Appeal, No. 150, Jan. T., 1916, by Daniel H. Nissley, from judgment of C. P. Lancaster Co., April T., 1916, No. 30, on case stated, in case of E. Louise Knapp, Administratrix c. t. a. of the estate of John Abraham Sprenger, v. Daniel H. Nissley. Case stated in assumpsit. Before Hassler, J. The opinion of the Supreme Court states the case. The lower court entered judgment for the plaintiff for the sum of $10,125. Defendant appealed.
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Appeal, No. 150, Jan. T., 1916, by Daniel H. Nissley, from judgment of C. P. Lancaster Co., April T., 1916, No. 30, on case stated, in case of E. Louise Knapp, Administratrix c. t. a. of the estate of John Abraham Sprenger, v. Daniel H. Nissley. Case stated in assumpsit. Before Hassler, J. The opinion of the Supreme Court states the case. The lower court entered judgment for the plaintiff for the sum of $10,125. Defendant appealed. Error assigned was the judgment of the court.
1Opinion of the Court
Opinion by
Mr. Justice Moschzisker,
This is an appeal by the defendant from a judgment for the plaintiff, entered on a case stated. The points involved are: (1) Can a testamentary power to sell real estate after the death of a life tenant be exercised by a trustee before that event, if done with the former’s consent, and for the purpose of an ultimate distribution of the testator’s estate? (2) When the life tenant, himself, purchases the. property in question from the trustee, should such a sale be declared invalid in an action of assumpsit instituted more than 23 years thereafter by the…
2Cases cited6 opinions
- Rife v. GeyerSupreme Court of Pennsylvania · 1868
- Brown & Sterrett's AppealSupreme Court of Pennsylvania · 1856
- Gast v. PorterSupreme Court of Pennsylvania · 1850
- Hamlin v. ThomasSupreme Court of Pennsylvania · 1889
- Styer v. FreasSupreme Court of Pennsylvania · 1851
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Hupp v. Union Coal & Coke Co.Supreme Court of Pennsylvania · 1925
- Estate of Sallie B. DingeeSuperior Court of Pennsylvania · 1933