Barton v. Thaw
Supreme Court of Pennsylvania
Appeal, No. 306, Jan. T., 1913, by defendants, from decree of C. P., Fayette Co., No. 673, in Equity, removing cloud upon title on bill in equity in case of William Barton, Priscilla King and Harriet Coffman v. Benjamin Thaw, Thomas Chalmers Darsie and William Glyde Wilkins, Trustees of the “Coke Trust” under the Will of William Thaw, Deceased. Bill in equity to remove a cloud upon title.
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Appeal, No. 306, Jan. T., 1913, by defendants, from decree of C. P., Fayette Co., No. 673, in Equity, removing cloud upon title on bill in equity in case of William Barton, Priscilla King and Harriet Coffman v. Benjamin Thaw, Thomas Chalmers Darsie and William Glyde Wilkins, Trustees of the “Coke Trust” under the Will of William Thaw, Deceased. Bill in equity to remove a cloud upon title. From the record it appeared that the common source of title was Joseph Barton, whose children as heirs at law are plaintiffs in the bill. Joseph Barton in May, 1881, conveyed the coal and other minerals…
1Opinion of the Court
Opinion by
Mr. Justice Elkin,
The learned court below has given such convincing reasons for the conclusions upon which the decree in the present casé was based, that we can add nothing of value to the discussion of the legal principles involved. The covenant in question was declared to be void because in violation of the rule against perpetuities. We quite agree with the learned court below that it would be difficult to conceive any case which could be deemed more violative of the rule and a greater hindrance to alienation than the one at bar. The case turns very largely upon the character of…
2Cases cited2 opinions
- Winsor v. MillsMassachusetts Supreme Judicial Court · 1892
- Starcher Bros. v. DutyWest Virginia Supreme Court · 1907
3Cited by71 opinions
- Mattern v. HerzogTexas Supreme Court · 1963
- Detwiler v. CaponeSupreme Court of Pennsylvania · 1947
- West Virginia - Pittsburgh Coal Co. v. StrongWest Virginia Supreme Court · 1947
- Mather EstateSupreme Court of Pennsylvania · 1963
- Lockhart's EstateSupreme Court of Pennsylvania · 1932
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