Arthurs v. Weisley

Alleghany County Court of Common Pleas

Arthurs v. Weisley

3 Pennyp. 29

CourtPennsylvania Court of Common Pleas, Alleghany County

DecidedOctober 16, 1882

DocketNo. 53; No.2

StatusPublished

This text of 3 Pennyp. 29 (Arthurs v. Weisley) is published on Counsel Stack Legal Research, covering Pennsylvania Court of Common Pleas, Alleghany County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

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

Pincite

Opinion

Per Curiam:

We are of the [32]*32opinion 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]*32opinion 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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Bluebook (online)

3 Pennyp. 29, Counsel Stack Legal Research, https://law.counselstack.com/opinion/arthurs-v-weisley-pactcomplallegh-1882.