Blackstone v. Blackstone
Supreme Court of Pennsylvania
ERROR to the common pleas of Fayette county. This was an action for a legacy by Henry Blackstone against James Hurst, executor of James Blackstone, in which the following facts were agreed to by the parties, to be considered in the nature of a special verdict.
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ERROR to the common pleas of Fayette county. This was an action for a legacy by Henry Blackstone against James Hurst, executor of James Blackstone, in which the following facts were agreed to by the parties, to be considered in the nature of a special verdict. On the 4th of September 1819, James Blackstone, the testator of the defendant, made his last will and testament, which was duly proved on the 19th of November 1822, and letters testamentary thereon were granted to the defendant on the same day. In which was the following: “ Item. To my trusty friend and son-in-law, James Hurst, esquire,…
1Opinion of the Court
The opinion of the Court was delivered by
Gibson, C. J.
The modern decisions on this head can be reconciled to the doctrine of Swinburne but by understanding him to speak exclusively in reference to pecuniary legacies. It is certainly now held for clear law, that a legacy properly specific, and not merely specific in its nature by being charged on a specific fund, is adeemed, or, to speak more properly, extinguished, by any change of its state or form, effected, not by fraud or operation of law, but by the act of the testator, whatever be its purpose, which makes the corpus of the legacy, at…
2Cited by39 opinions
- McFerren EstateSupreme Court of Pennsylvania · 1950
- Snyder's EstateSupreme Court of Pennsylvania · 1907
- Hoke v. HermanSupreme Court of Pennsylvania · 1853
- Horn's EstateSupreme Court of Pennsylvania · 1934
- Gerlach EstateSupreme Court of Pennsylvania · 1950
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