Pemberton v. Parke
Supreme Court of Pennsylvania
ASE Stated for the opinion of the Court. “On the 1st day of April 1794, John Pemberton made his “will, and thereby inter alia bequeathed as follows: — “ To “the children and grand-children of my brother Israel Pern- “ berton deceased, (excepting Mary Fox and her children, she “and they not needing it,) to be equally, divided among those “ of them who may be then living, saving that my cousin “ Sarah Rhoades shall have two shares thereof, two thousand “pounds.”
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ASE Stated for the opinion of the Court. “On the 1st day of April 1794, John Pemberton made his “will, and thereby inter alia bequeathed as follows: — “ To “the children and grand-children of my brother Israel Pern- “ berton deceased, (excepting Mary Fox and her children, she “and they not needing it,) to be equally, divided among those “ of them who may be then living, saving that my cousin “ Sarah Rhoades shall have two shares thereof, two thousand “pounds.” “The word then, it is agreed refers to the time of “ death of the testator’s widow Hannah Pemberton. “ The testator died on or about…
1Opinion of the Court
Tilghman C. J.
Two questions are submitted to the Court in this case on the will of John Pemberton.
1. In the case of Hussey v. Dillon, Lord Northington says, that in common parlance, the word grand-children includes great grand-children and all other descendants. In this I think he goes too far. In common parlance we understand grand-children to mean children of children. But it is certain that where it appears by the will, that the testator meant to comprehend great grand-children, the Courts have given it a construction agreeable to the intent. Let us see then whether any thing appears in…
2Cited by12 opinions
- Foulk v. BrownSupreme Court of Pennsylvania · 1834
- Joyce's EstateSupreme Court of Pennsylvania · 1922
- McGinnis v. FosterSupreme Court of Georgia · 1848
- Grimm EstateSupreme Court of Pennsylvania · 1971
- Gross's EstateSupreme Court of Pennsylvania · 1849
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