Vernor v. Henry
Supreme Court of Pennsylvania
ERROR to the district court of Lancaster county. This was an action of debt for a legacy of 8000 dollars under the will of Benjamin Vernor deceased, by James Vernor Henry, against the executors of the deceased.
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ERROR to the district court of Lancaster county. This was an action of debt for a legacy of 8000 dollars under the will of Benjamin Vernor deceased, by James Vernor Henry, against the executors of the deceased. That clause of the will upon which the action was founded, was in these words : “ I give and bequeath to my nephew James Vernor Henry, son of my deceased sister Elizabeth, his heirs or assigns, the sum or legacy of 8000 dollars, lawful money, to be paid to him one year after my decease.” The plaintiff, to maintain the issue on his part, gave in evidence the will of Benjamin Vernor, and…
1Opinion of the Court
The opinion of the Court was delivered by
Gibson, C. J.
There may possibly be a speck of error in the twelve exceptions to evidence, but my eye is not sufficiently microscopic to discern it. Nothing could raise a doubt of the competency of any part of the proof, were it not that evidence was allowed of acts done and expressions used by the testator before and after *392the date of the will. In the case of a latent ambiguity if is certain that explanatory declarations made at the time of execution are admissible, having been so ruled in Harris v. The Bishop of Lincoln, 2 P. Wms 137; and Thomas v.…
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- Brownfield v. BrownfieldSupreme Court of Pennsylvania · 1849
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