Gill's Appeal
Supreme Court of Pennsylvania
From the Orphans’ Court of the city and county of Philadelphia. Feb. 4. — Testator residing here, bequeathed his wife $20,000, to be paid her as soon as practicable after his decease; and to the creditors of G. F. & Co., $5000, of which firm he had been a member' — but the debts had been released. He left no real estate in Pennsylvania. The estate was insufficient to pay the legacies. The widow claimed interest from the death of testator.
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From the Orphans’ Court of the city and county of Philadelphia. Feb. 4. — Testator residing here, bequeathed his wife $20,000, to be paid her as soon as practicable after his decease; and to the creditors of G. F. & Co., $5000, of which firm he had been a member' — but the debts had been released. He left no real estate in Pennsylvania. The estate was insufficient to pay the legacies. The widow claimed interest from the death of testator. The auditor allowed it, but the court set aside the report, and the widow appealed.
1Opinion of the CourtGibson, C. J.
Notwithstanding a dictum by the Master of the Rolls, .in Crickett. v. Dolby, 3 Ves. 10, that he thought a wife would come under the same exception to the general rule for payment of interest on legacies as a child, it is settled otherwise on indisputable ground, by Lowndes v. Lowndes, 15 Ves. 310; Raven v. Waite, 1 Swanst. 553; and Stent v. Robinson, 12 Ves. 461, in which Sir William Grant expressly said, there was no authority to supjiort the dictum, notwithstanding the numerous instances of legacies to wives. The case of a destitute child, which alone is excepted out of the rule that, in…
2Cases cited1 opinion
- Roth v. M'ClellandSupreme Court of Pennsylvania · 1837
3Cited by1 opinion
- Todd's EstateSupreme Court of Pennsylvania · 1912