GRACEY v. RUTHERFORD


366 Pa. 196 (1951)

Gracey, Appellant, v. Rutherford.

Supreme Court of Pennsylvania.

January 2, 1951.


Attorney(s) appearing for the Case

Edward F. Hitchcock, with him A. Sidney Johnson, Jr., John Lamon, Butler, Beatty, Greer & Johnson and Lamon & Lamon, for appellants.

George H. Class, with him George E. Kearns, Jr., Lindenmuth & Class and Robert W. Cuthill, in propria persona, for appellees.

Before DREW, C.J., STEARNE, JONES, BELL, LADNER and CHIDSEY, JJ.


OPINION BY MR. JUSTICE ALLEN M. STEARNE, January 2, 1951:

These two appeals, which were argued together, are from decree dismissing two bills in equity which sought to set aside and declare void deeds of conveyance of real estate.

Plaintiffs are the executors named in the will of John Rutherford, deceased, and his daughter and granddaughters being beneficiaries under the will. In one suit the defendant is a son while...

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