Conard's Appeal
Supreme Court of Pennsylvania
Appeal from the Orphans’ Court of Philadelphia. This was an appeal by Lewis R. Conard, guardian of his minor children, Rowena, Martha, Mary, Laura, Margaret, Emily,, and Ellen Conard, from the decree of the court below upon the accounts of Thomas Bickerton and Edmund J. Yard, executors of John Kline,, deceased.
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Appeal from the Orphans’ Court of Philadelphia. This was an appeal by Lewis R. Conard, guardian of his minor children, Rowena, Martha, Mary, Laura, Margaret, Emily,, and Ellen Conard, from the decree of the court below upon the accounts of Thomas Bickerton and Edmund J. Yard, executors of John Kline,, deceased. John Kline died in 1855, and by his will, after several specific devises and bequests, he bequeathed unto his widow, Susanna Kline, an annuity of $500, as follows:— “ I give and bequeath unto my beloved wife, Susanna Kline, an annuity or yearly sum of five hundred dollars, during all…
1Opinion of the Court
The opinion of the court was delivered by
Lowrie, C. J.
By the common law, executors had nothing to do with legacies expressly charged on land, or that, by deficiency of personal estate, became charged on the residuary real estate: and this is not changed by the system created by our acts of Assembly. It was only in equity that such legacies were enforced in England; and with us they are enforced only in the Orphans’ Court, on petition by the legatee against the owners of the land charged, with notice to the executors and such others as may have any interest.
We know not how we can treat this…
2Cases cited1 opinion
- Ex parte PeneveyreSupreme Court of Pennsylvania · 1843
3Cited by4 opinions
- Weller's EstateSupreme Court of Pennsylvania · 1915
- Luckenbach's EstateSupreme Court of Pennsylvania · 1895
- Estate of HartzellSupreme Court of Pennsylvania · 1896
- Wadsworth's EstateSuperior Court of Pennsylvania · 1916