Legal Opinion

Murdoch's Appeal

Supreme Court of Pennsylvania

Decided July 1, 1857PublishedCited by 2 opinions

Appeal from the Orphans’ Court of Allegheny county. William W. Fearns, being the owner of a large real estate, and possessed of valuable personal property in the city of Pittsburgh, on the 10th day of January 1849, made his last will and testament in writing which, after his death, on the 13th of March 1849, was duly proved, and letters testamentary issued to Samuel Eobinson, one of the executors appointed in the will.

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Appeal from the Orphans’ Court of Allegheny county. William W. Fearns, being the owner of a large real estate, and possessed of valuable personal property in the city of Pittsburgh, on the 10th day of January 1849, made his last will and testament in writing which, after his death, on the 13th of March 1849, was duly proved, and letters testamentary issued to Samuel Eobinson, one of the executors appointed in the will. The will contained sixteen clauses, of which the following is a synopsis:— First. The testator bequeaths $300 to his executors, to be expended in the purchase of a burial lot…

1Opinion of the Court

The opinion of the court was delivered by

LOWRIE, J.

Subject to some small exceptions, the law charges all of a decedent’s estate with the payment of his debts, and this testator does so expressly by his will. Yet it is quite apparent that he knew that, after paying his debts, there would be a considerable surplus, and so there is. But his expectations concerning the amount of that surplus are disappointed, and some of his directions can be only partly fulfilled, and some not at all.

The rents of all his property, except one house directed to be sold immediately, appear to have been necessary to…

2Cited by2 opinions

  1. Petty's Estate (No. 1)Supreme Court of Pennsylvania · 1933
  2. Ostheimer's EstatePennsylvania Orphans' Court, Erie County · 1936

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