English v. Harvey
Supreme Court of Pennsylvania
This suit was brought in the Supreme Court to DecemberTerrú, 1824, by Charles English against Isaac Etarvey and George Williams, who survived Thomas Norton, executors of William Cox, deceased.
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This suit was brought in the Supreme Court to DecemberTerrú, 1824, by Charles English against Isaac Etarvey and George Williams, who survived Thomas Norton, executors of William Cox, deceased. The declaration set forth, that William Cox, by his last will and testament, dated the 18th of August, 1810, bequeathed to the plaintiff the sum of nine thousand dollars, if he should live to attain, and when he should attain the full age of twenty-one years: That the testator appointed Thomas Norton, since deceased, his executor: That afterwards he died, and the defendants, with Norton, proved the…
1Opinion of the Court
The opinion of the court was delivered by
Huston, J.
— Several questions have arisen in this case. One, *309whether the legacy to Charles English was payable out of the land, in case of a deficiency of the personal estate. Real as well as personal estate is liable to debts of every kind, due by the living or the dead, in this state; so far we differ essentially from England. In many parts of this state, the amount of personal property is generally small; often not enough to pay the debts, and seldom leaving much balance after paying them. The testator has been all his life accustomed to consider…
2Cases cited1 opinion
- Say's executors v. BarnesSupreme Court of Pennsylvania · 1818
3Cited by11 opinions
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- Ferguson v. YardSupreme Court of Pennsylvania · 1894
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- Knotts v. BaileyMississippi Supreme Court · 1876
- Stokely v. ThompsonSupreme Court of Pennsylvania · 1859
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