Legal Opinion

Kirk v. Carr

Supreme Court of Pennsylvania

Decided March 4, 1867PublishedCited by 10 opinions

Certificate from Nisi Prius, where it was an action of ejectment by George Kirk, surviving executor, &c., of Rachel Dougherty, deceased, against Samuel Carr and others, for seven-twelfths of a lot of ground in Philadelphia. The premises had belonged to the testatrix. Her will had been contested, and on a trial in a feigned issue on appeal from the register, had been sustained.

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Certificate from Nisi Prius, where it was an action of ejectment by George Kirk, surviving executor, &c., of Rachel Dougherty, deceased, against Samuel Carr and others, for seven-twelfths of a lot of ground in Philadelphia. The premises had belonged to the testatrix. Her will had been contested, and on a trial in a feigned issue on appeal from the register, had been sustained. The defendants had in a former action of ejectment recovered the land as seven of the heirs at law of the testatrix. The will, amongst others, contained this clause: “ I will that my real estate he and remain as it now…

1Opinion of the Court

The opinion of the court was delivered, by

Thompson, J.

The 12th and 13th sections of the Act of 24th February 1834, relating to executors and administrators, were compiled or copied from the 1st section of the Act of 12th of March 1800. That act provided for sales to be made by executors under a naked authority in a will, and also when a sale was directed without any designation by whom or by what authority. Following this declaration of power to the executors, they are by the act authorized to institute actions for the recovery of the possession of the land directed to be sold, and actions…

2Cited by10 opinions

  1. Sears v. Scranton Trust Co.Supreme Court of Pennsylvania · 1910
  2. Stringer v. MillerWyoming Supreme Court · 1959
  3. In Re Stringer's EstateWyoming Supreme Court · 1959
  4. Power v. GroganSupreme Court of Pennsylvania · 1911
  5. Mobley v. LyonSupreme Court of Georgia · 1910

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