Stewart's Appeal
Supreme Court of Pennsylvania
APPEAL from the decree of the Orphans’ Court of Cumberland county. Rule on James MTlhenny, administrator 'de bonis non with the will annexed of Robert Shannon, deceased, to .show cause why he should not pay to James Stewart, administrator of Jane Stewart, deceased, a legacy bequeathed to her under the will of the aforesaid testator.
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APPEAL from the decree of the Orphans’ Court of Cumberland county. Rule on James MTlhenny, administrator 'de bonis non with the will annexed of Robert Shannon, deceased, to .show cause why he should not pay to James Stewart, administrator of Jane Stewart, deceased, a legacy bequeathed to her under the will of the aforesaid testator. The following statement of facts was agreed upon by .the parties, upon which the court was to decree the payment of the legacy to said Stewart, or discharge the rule, should they be of opinion Stewart could not recover the same. Robert Shannon, by his will, dated…
1Opinion of the Court
The opinion of the Court was delivered by
Sergeant, J.
It has been so frequently held that the legatee’s taking a bond from the executor for his legacy is a payment and extinguishment of it, that the point seems settled. Goodwyn v. Goodwyn, (Yelv. 39), is almost the very case before us. There a man, by his will, bequeathed £20 to his daughter. The executor entered into a bond of £40 to the daughter for payment thereof, *478according to the will. The daughter married. Her husband sued the executor in the spiritual court as for a legacy. The executor pleaded payment, according to the bond, and…
2Cases cited1 opinion
- Geyer v. SmithSupreme Court of the United States · 1788
3Cited by3 opinions
- Kelsey v. . WesternNew York Court of Appeals · 1849
- Miltenberger v. SchlegelSupreme Court of Pennsylvania · 1847
- Messner v. Messner's Administrator, Pennsylvania Court of Common Pleas, Dauphin County1862