Brinton's Estate
Supreme Court of Pennsylvania
APPEAL by J. Hoops from the decree of the orphan’s court of York county, settling the administration account of Jesse Brinton and Mills Hays, executors of John Brinton deceased. Jno. Brinton’s will.
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APPEAL by J. Hoops from the decree of the orphan’s court of York county, settling the administration account of Jesse Brinton and Mills Hays, executors of John Brinton deceased. Jno. Brinton’s will. “ I give and bequeath unto my wife Lydia all my estate both real and personal, to be held and enjoyed by her for and during her natural life, or so long as she shall remain my widow, with the exception of one bed (&c. given to a daughter), and at the decease of my widow, or if she should marry again, in either of these cases I order and direct my land to be sold, together with all my stock, my…
1Per curiam
It was formerly the practice of chancery to exact security in cases of this kind; but no more was usually exacted, when the chattels in this case were delivered, than an inventory stating that they were put into the custody of the immediate legatee, subject to the limitation over; and even this much.perhaps, had not been practised in Pennsylvania. They might be worn out by use or destroyed by accident; and it was deemed enough that the testator had confided them to the first object of his bounty, to prevent a chancellor, except in very special circumstances, from adding a condition which he…
2Cited by2 opinions
- Holman's AppealSupreme Court of Pennsylvania · 1854
- Commonwealth ex rel. Golembewski v. StanleySuperior Court of Pennsylvania · 1965