Boyer v. Smith

The opinion of the Court was delivered by

Kennedy, J.

This was an action of ejectment, brought in the court below by George Boyer and Samuel Boyer, executors of the last will of George Boyer the elder deceased, to recover the possession of one hundred and twenty-seven acres and ninety-five perches of land, devised by the testator to his executors, for the purpose of being disposed of in the manner therein directed. On the trial of the cause it was shown that the legal title in fee to the land was in the testator before the making of his will, and continued to be so until the time of his death.…