Ball v. Weightman
Supreme Court of Pennsylvania
Appeal, No. 152, Jan. T., 1922, by plaintiff, from judgment of C. P. No. 5, Phila. Co., Dec. T., 1919, No. 5380, on verdict for garnishee in case of Thomas Ball v. William Weightman, formerly William Weightman, 3d, and Frank G. Rogers, William Rudolph Smith and Fidelity Trust Co., Trustees under will of Charles H. Rogers, deceased, garnishee. Attachment sur judgment. Before Staake, J. The opinion of the Supreme Court states the facts. Verdict and judgment for garnishees.
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Appeal, No. 152, Jan. T., 1922, by plaintiff, from judgment of C. P. No. 5, Phila. Co., Dec. T., 1919, No. 5380, on verdict for garnishee in case of Thomas Ball v. William Weightman, formerly William Weightman, 3d, and Frank G. Rogers, William Rudolph Smith and Fidelity Trust Co., Trustees under will of Charles H. Rogers, deceased, garnishee. Attachment sur judgment. Before Staake, J. The opinion of the Supreme Court states the facts. Verdict and judgment for garnishees. Plaintiff appealed. Error assigned, among others, was binding instructions for garnishee, quoting record.
1Opinion of the Court
Opinion by
Mr. Justice Walling,
This appeal by plaintiff is from judgment entered upon a verdict for the garnishees in an execution attachment, and involves the construction of certain provisions in the will of the late Charles H. Rogers, of Philadelphia, who died in 1885. The will provides, inter alia: “I authorize and direct my said executors to divide annually the whole income of my estate, not herein otherwise disposed of, into as many shares as I have children, living at that time, or the issue of a deceased child or children, such issue representing his, her or their deceased parent’s…
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