Scott v. Price
Supreme Court of Pennsylvania
In Error. ERROR to the Common Pleas of Franklin county. Josiah Price, the defendant in error and plaintiff below, who was husband and administrator of Sarah Price deceased, brought this action against John Scott, the surviving executor of William Scott, to recover a legacy bequeathed to her by the will of her father, William Scott.
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In Error. ERROR to the Common Pleas of Franklin county. Josiah Price, the defendant in error and plaintiff below, who was husband and administrator of Sarah Price deceased, brought this action against John Scott, the surviving executor of William Scott, to recover a legacy bequeathed to her by the will of her father, William Scott. The will contained bequests of the testator’s real and personal estate to his two sons jointly, subject to the payment of debts and legacies: and after giving to his daughter Jane, some personal property, bequeathed to her “ five hundred pounds specie to be “ Pa^…
1Opinion of the Court
Tilghman C. J.
This is an action brought by Josiah Price, the husband and administrator of Sarah Price deceased, for the recovery of a legacy bequeathed to the said Sarah, by the will of her father, Williani Scott. The question is, whether the legacy was vested absolutely in Sarah Price or went over on her death to her surviving brothers and sisters : (here was read the material parts of William Scott’s will). An executory devise of a chattel to take effect after an indefinite failure of issue would be void, the contingency being more remote than the law permits. It is granted, however, by the…
2Cases cited1 opinion
- Holmes v. Lessee of HolmesSupreme Court of Pennsylvania · 1812
3Cited by6 opinions
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- Beltzhoover v. CostenSupreme Court of Pennsylvania · 1847
- Kirkpatrick v. DavidsonSupreme Court of Georgia · 1847
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