Anewalt's Appeal
Supreme Court of Pennsylvania
Appeal from the Orphans’ Court of Northampton county. This was an appeal by George Anewalt, from the decree of the Orphans’ Court of Northampton county, distributing the balance in the hands of William Dech and Reuben Dech, executors, &c., of Charles Dech, deceased.
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Appeal from the Orphans’ Court of Northampton county. This was an appeal by George Anewalt, from the decree of the Orphans’ Court of Northampton county, distributing the balance in the hands of William Dech and Reuben Dech, executors, &c., of Charles Dech, deceased. The case was this: — Charles Dech died in December 1853, leaving a will, in which, after giving to his widow, Jemima, certain bequests out of his real estate, a portion of real estate, and also the interest of a certain sum of money, during widowhood, and bequeathing to three of his children specific legacies, he ordered and…
1Opinion of the Court
The opinion of the court was delivered, April 21st 1862, by
Thompson, J.
Conversion of property from one species to another, by a legal rule or principle, is a familiar doctrine. The usual difficulty is generally to be found in the instrument designed to effect the object. The following, taken from the books, may be received, in the aggregate, as a full statement of every requirement under the doctrine: “To establish a conversion, the will must direct it absolutely or out and out, irrespective of all contingencies.” “ The direction to convert must be positive and explicit, and the will, if it…
2Cited by10 opinions
- Davidson, Exrx. v. BrightSupreme Court of Pennsylvania · 1920
- Irwin v. PatchenSupreme Court of Pennsylvania · 1894
- Cooper's EstateSupreme Court of Pennsylvania · 1903
- Henszey's EstateSupreme Court of Pennsylvania · 1908
- Sill v. BlaneySupreme Court of Pennsylvania · 1893
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