Rodgers v. Rodgers
Supreme Court of Pennsylvania
ERROR to the common pleas of Cumberland county. This was an action of debt by Jane Rodgers, widow of James Rodgers deceased, against Richard Rodgers, acting executor of the said James Rodgers deceased, for a legacy claimed by plaintiff under the will of said decedent.
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ERROR to the common pleas of Cumberland county. This was an action of debt by Jane Rodgers, widow of James Rodgers deceased, against Richard Rodgers, acting executor of the said James Rodgers deceased, for a legacy claimed by plaintiff under the will of said decedent. James Rodgers made a nuncupative will, of which the following is a copy: “I, being of sound mind and memory, do dispose of all my property, real and personal, as follows: that is to say, “First; I give and bequeath unto my beloved wife, Jane Rodgers, all the furniture and other articles which she brought with her that are now in…
1Opinion of the Court
The opinion of the Court was delivered by
Huston, J.
Every lawyer and judge have felt the difficulty of coming to a certain conclusion as to the construction of wills. Even where the will was drawn by a professional man, the books show numerous cases in which there has been a contest, not only as to the quantity of estate, but also as to the quantity of property which passes to the several devisees, or legatees. Where the question is,. whether the property is given for life, or in tail, or in fee, it is a question of law; but the question of law arising on the effect of *18certain words used in a…
2Cited by6 opinions
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- Parker's AppealSupreme Court of Pennsylvania · 1869
- Dean v. WintonSupreme Court of Pennsylvania · 1892
- In re AymarNew York Surrogate's Court · 1887
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