Kinnard v. Kinnard
Supreme Court of Pennsylvania
ERROR to the common pleas of York county. Priscilla Kinnard against John Sharp and Thomas Jones, executors of Joseph Kinnard deceased. Upon the death of Joseph Kinnard, his executors delivered to the plaintiff the goods of the testator, and, upon the settlement of their administration account, there appeared to be a balance in their hands, which the plaintiff, as legatee under the will of her husband, claimed to recover in this suit.
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ERROR to the common pleas of York county. Priscilla Kinnard against John Sharp and Thomas Jones, executors of Joseph Kinnard deceased. Upon the death of Joseph Kinnard, his executors delivered to the plaintiff the goods of the testator, and, upon the settlement of their administration account, there appeared to be a balance in their hands, which the plaintiff, as legatee under the will of her husband, claimed to recover in this suit. The only question in the cause was, whether she was entitled to recover without giving security to the executors for the return of the money at her death, for…
1Opinion of the Court
The opinion of the Court was delivered by
Kennedy, J.
It is evident, from the tenor of the will, that the testator intended his wife should have his personal estate specifically, because, after giving all his estate, which included his personal, as well as his real, to her for and during her natural life, he directs his executors, after her decease, to sell what shall be left of his personal estate at the time thereof, thus showing, plainly, that he wished her to have the use of it in hind, during her natural life, and that such part of'it as should not be consumed by the ordinary use thereof,…
2Cases cited1 opinion
- Eichelberger v. BarnetzSupreme Court of Pennsylvania · 1828
3Cited by10 opinions
- Mason v. Pate'sSupreme Court of Alabama · 1859
- Gramm EstateSupreme Court of Pennsylvania · 1966
- Pratt v. SkiffIllinois Supreme Court · 1919
- Holman's AppealSupreme Court of Pennsylvania · 1854
- Strawbridge's EstatePennsylvania Orphans' Court, Philadelphia County · 1931
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