Shewell v. Keen
Pennsylvania Court of Common Pleas, Philadelphia County
THIS was a case stated for the opinion of the court in the nature of a special verdict, in the words following, to wit: “ Sarah Forde, late of the city of Philadelphia, widow, died, having made her last will and testament, date;! the 10th of July 1830, and which was proven September 14th, 1834, whereof ¡-he constituted the defendants, Charles Keen and Aaron Kille executors {prout copy of said wall). “ Plaintiff issued a writ of foreign attachment against John B. Forde and…
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THIS was a case stated for the opinion of the court in the nature of a special verdict, in the words following, to wit: “ Sarah Forde, late of the city of Philadelphia, widow, died, having made her last will and testament, date;! the 10th of July 1830, and which was proven September 14th, 1834, whereof ¡-he constituted the defendants, Charles Keen and Aaron Kille executors {prout copy of said wall). “ Plaintiff issued a writ of foreign attachment against John B. Forde and Standish Forde, October 1st, 1832. December 1832, No. 207 (prout record of attachment and return). “ Scire facias issued…
1Opinion of the Court
The opinion of the Court was delivered by
Stroud, J.
It, not being stated that the executors assented at any time to the legacies bequeathed to the defendants in the foreign attachment, or that refunding bonds, in conformity with the requisitions of the act of assembly of the 21st of March 1772 “for the more easy recovery of legacies,” have been tendered the executors, the broad question is presented, whether without such assent, and without the tender of a refunding bond, a legacy in the hands of executors is the subject of a foreign attachment under our laws.
It has long been settled that…
2Cases cited7 opinions
- Clark v. HerringSupreme Court of Pennsylvania · 1812
- Barnes v. TreatMassachusetts Supreme Judicial Court · 1811
- Winchell v. AllenSupreme Court of Connecticut · 1815
- Wike v. LightnerSupreme Court of Pennsylvania · 1829
- Ross v. M'Kinny ex rel. RossSupreme Court of Pennsylvania · 1828
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