Smith's Appeal
Supreme Court of Pennsylvania
Appeal from Orphans’ Court of Cumberland county : Of January Term 1883, No. 119. Appeal of Edward Smith from a decree of said court dismissing exceptions to and confirming the report of an auditor appointed to distribute the balance appearing by the account of J. O. M. Butts, executor of Joseph Smith.
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Appeal from Orphans’ Court of Cumberland county : Of January Term 1883, No. 119. Appeal of Edward Smith from a decree of said court dismissing exceptions to and confirming the report of an auditor appointed to distribute the balance appearing by the account of J. O. M. Butts, executor of Joseph Smith. Before the auditor, J. P. Rhoads, Esq., the following facts appeared: Joseph Smith died August 3d 1880, leaving two sons, Samuel and William, a daughter, Mary, and three children of his deceased eldest son, David, to wit, Edward, William and Salvina. By his will, dated September 22d 1875, and…
1Opinion of the CourtJustice Tiuinkey
A legacy is general when it is so given as not to amount to a bequest of a particular thing or money of the testator as distinguished from all others of the same kind. If made payable primarily out of a specified fund it is called demonstrative. A specific legacy is a bequest of a specified part of the testator’s estate which is so distinguished. A general or demonstrative legacy is not adeemed by the sale or change of the fund ; but generally a specific legacy is revoked by a sale or change of form of the thing bequeathed. Courts are averse to construing legacies to be specific, and will not…
2Cited by17 opinions
- Crawford's EstateSupreme Court of Pennsylvania · 1928
- In Re LowNew Jersey Superior Court Appellate Division · 1928
- American Trust & Banking Co. v. BalfourTennessee Supreme Court · 1917
- Solomon v. Neisner Bros.District Court, M.D. Pennsylvania · 1950
- Shearer's EstateSupreme Court of Pennsylvania · 1942
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