Arthurs v. Weisley

Alleghany County Court of Common Pleas

Arthurs v. Weisley

3 Pennyp. 29

Pennsylvania Court of Common Pleas, Alleghany County·Decided October 16, 1882·No. No. 53; No.2·Published

Opinion

Per Curiam:

We are of the [32] opinion that the clause contained in the last will of Dr. Arthurs was so clear and unequivocal a recognition of the trust in favor of the plaintiff below that it must preclude all attempts to set up the statute of limitations to defeat it. Under the circumstances, even if the will were revoked, that clause, as the recognition of an existing equity, would still be effectual.

Judgment affirmed.

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Per Curiam:

We are of the [32] opinion that the clause contained in the last will of Dr. Arthurs was so clear and unequivocal a recognition of the trust in favor of the plaintiff below that it must preclude all attempts to set up the statute of limitations to defeat it. Under the circumstances, even if the will were revoked, that clause, as the recognition of an existing equity, would still be effectual.

Judgment affirmed.

Arthurs v. Weisley, 3 Pennyp. 29 (Pa. Super. Ct. 1882).

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