Hoover v. Hoover
Supreme Court of Pennsylvania
Appeal from the Orphan’s Court of Cumberland. June 1. The petition (or bill) stated, that John Hoover devised a tract of land to his son Datid, yielding and paying out of the same $7250, in instalments of $700; the first payable in six months after testator’s decease, the second in eighteen months thereafter, and the remaining instalments yearly. Out' of the first instalment a legacy of $500 was given to the petitioner.
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Appeal from the Orphan’s Court of Cumberland. June 1. The petition (or bill) stated, that John Hoover devised a tract of land to his son Datid, yielding and paying out of the same $7250, in instalments of $700; the first payable in six months after testator’s decease, the second in eighteen months thereafter, and the remaining instalments yearly. Out' of the first instalment a legacy of $500 was given to the petitioner. Of the residue, portions were given to the testator’s other children, and the amount undisposed of, .with the residue of the estate, was given equally among all the children.…
1Opinion of the CourtBell, J.
It is admitted by the defendant’s answer, as indeed it could not, with any show of reason, have been denied, that the sum of $7250, bequeathed by the testator to be paid to his children in the proportions and' at the time mentioned' in his will, is a charge upon the lands devised to David. It is also admitted that the latter, in pursuance of the will, took possession of the lands devised, and still continues in the seisin and occupation of them. Upon these facts alone, it is not to be disputed that, having taken the land cum onere, he is bound to pay to his brothers and sisters their several…
2Cases cited3 opinions
- Case of Walker's EstateSupreme Court of Pennsylvania · 1832
- Lobach's CaseSupreme Court of Pennsylvania · 1837
- Ruston's Executors v. RustonSupreme Court of the United States · 1796
3Cited by7 opinions
- Logan v. GlassSuperior Court of Pennsylvania · 1939
- Hammond's EstateSupreme Court of Pennsylvania · 1900
- Balok EstateSuperior Court of Pennsylvania · 1942
- Wingett v. BellSuperior Court of Pennsylvania · 1900
- Gilliford's EstateSupreme Court of Pennsylvania · 1924
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