M'Knight v. Read
Supreme Court of Pennsylvania
This was an action brought by Catharine M'Knight against Alexander Read and Frederick V. Krug, executors of the will of James Gray, deceased, to recover the arrears of an annuity bequeathed to the plaintiff by the said James Gray. A case was stated for the opinion of the court, and the following facts were agreed upon, to be considered in the nature of a special verdict.
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This was an action brought by Catharine M'Knight against Alexander Read and Frederick V. Krug, executors of the will of James Gray, deceased, to recover the arrears of an annuity bequeathed to the plaintiff by the said James Gray. A case was stated for the opinion of the court, and the following facts were agreed upon, to be considered in the nature of a special verdict. James Gray, of the City of Philadelphia, made his will, dated the 25th day of May, 1833, in the following terms: “ Be it remembered that I, James Gray, of the City of Philadelphia, merchant, do make and ordain this, my last…
1Opinion of the Court
*219The opinion of the court was delivered by
Rogers, j.
The principal question raised by the case stated is, whether Alexander, who is the posthumous child of James Gray, is embraced in that clause of the will, in which the testator devises “ the one, full, equal, undivided third part of his estate, real and personal, to his beloved children, who may be living at the time of his death.”
It seems to be a settled rule of the English law, that there must be a concurrence of a subsequent marriage, and a subsequent child, to make a revocation of a will; and that the mere subsequent birth of children,…
2Cases cited2 opinions
- Coates v. HughesSupreme Court of Pennsylvania · 1811
- Swift v. DuffieldSupreme Court of Pennsylvania · 1819
3Cited by4 opinions
- Hegarty's AppealSupreme Court of Pennsylvania · 1874
- Walker v. HallSupreme Court of Pennsylvania · 1859
- Young's AppealSupreme Court of Pennsylvania · 1861
- In Re HainesNew Jersey Superior Court Appellate Division · 1925