Tilghman v. Tilghman
U.S. Circuit Court for the District of Pennsylvania
This case arose on a bill filed by the complainants, who were legatees under the will of the late Chief Justice Tilghman., against JB. S. Burd and Benjamin Chew, Jr., Esquires, his executors, praying for an account of his estate and ■ payment of their legacies out of the surplus. Separate answers were filed by the executors, Mr. Burd admitting a balance on hand for distribution among the legatees, Mr. Chew claiming a right to retain it for a debt due him by the testator.
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This case arose on a bill filed by the complainants, who were legatees under the will of the late Chief Justice Tilghman., against JB. S. Burd and Benjamin Chew, Jr., Esquires, his executors, praying for an account of his estate and ■ payment of their legacies out of the surplus. Separate answers were filed by the executors, Mr. Burd admitting a balance on hand for distribution among the legatees, Mr. Chew claiming a right to retain it for a debt due him by the testator. The existence of this debt was the only matter in controversy. By the will the testator devised the residue of his estate…
1Opinion of the Court
BALDWIN, Circuit Justice.
The alleged contract between Mr. Tilghman, and Mr. Chew the defendant, consists of two parts; 1. The conversation between Mr. Tilgnman and Mr. Chew, Sen., communicated to Mr. Chew, Jun.; 2. The letter of Mr. Tilghman of the 10th of July, 1810, assented to by both the Messrs. Chew. Taking the conversation as a verbal agreement, it was a mutual promise that each should provide for his own child a portion of 30,000 dollars; no fund was designated out of which the portions were to be raised on either side, except as to 5000 dollars by Mr. Chew, by conveying a farm in…
2Cases cited6 opinions
- Simson v. HartCourt for the Trial of Impeachments and Correction of Errors · 1816
- Green v. HartNew York Supreme Court · 1806
- Chichester v. VassCourt of Appeals of Virginia · 1797
- Porter v. RoseNew York Supreme Court · 1815
- Sable v. HitchcockNew York Supreme Court · 1800
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Estate of TilghmanSupreme Court of Pennsylvania · 1839
- United States v. FindlayDistrict Court, D. Hawaii · 1913