Legal Opinion

Price v. Watkins

Supreme Court of Pennsylvania

Decided April 15, 1763Published

Special verdict. The question arose on these words of a will. ‘■‘■Item— My will is, that after my wife Ruth Price’s decease, or if she shall alter her condition and marry, then, in such case, I devise and bequeath unto my loving friends, I. W. and M. K., or to any one of them, in case the other should die, in trust, and for the intent to sell and convey, all that messuage, &c., to any person or persons that shall purchase the same, and the money arising from the sale of the…

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Special verdict. The question arose on these words of a will. ‘■‘■Item— My will is, that after my wife Ruth Price’s decease, or if she shall alter her condition and marry, then, in such case, I devise and bequeath unto my loving friends, I. W. and M. K., or to any one of them, in case the other should die, in trust, and for the intent to sell and convey, all that messuage, &c., to any person or persons that shall purchase the same, and the money arising from the sale of the premises shall be divided between my children hereinafter named, when they attain severally to the age of twenty-one…

1Opinion of the Court

But the Court were clearly of opinion, that it was a vested legacy, and judgment was given for the plaintiff, (a)

Patterson v. Hawthorn, 12 S. & R. 112, accordant. And see Stone v. Massey, 2 Yeates 363.1

McClure’s Appeal, 72 Penn. St. 414; McCall’s Appeal, 86 Id. 254; Pechin’s Estate, 8 W. N. C. 505; Linnard’s Estate, Id. 536. And see Chess’s Appeal, 87 Penn. St. 362.

2Cases cited1 opinion

  1. Stone v. MasseySupreme Court of Pennsylvania · 1798

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