Donner's Appeal
Supreme Court of Pennsylvania
THIS was an appeal by David Donner, executor and devisee of John Donner, deceased, from the decree of the Orphans’ Court of Lehigh county, confirming the report of auditors upon his account.
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THIS was an appeal by David Donner, executor and devisee of John Donner, deceased, from the decree of the Orphans’ Court of Lehigh county, confirming the report of auditors upon his account. On the 3d of June 1829, John Donner made his will, which was proved on the 22d of September 1829, and was as follows, viz.: “ And as to such worldly affairs or estate wherewith it has pleased God to bless me in this life, I give and dispose of the same in the following manner, to wit: — I give to my loving wife, Su- ■ sanna, for as long as she shall continue single and unmarried, after my decease, the…
1Opinion of the Court
The opinion of the Court was delivered by
Huston, J.
There is no doubt of the general rule, that if a legacy is given, and afterwards said it shall be paid at 21 or marriage ; but if there is no distinct gift of the legacy, but the time *376of payment is annexed to the gift, as “ I give $ at 21 or marriage,” and legatee dies before 21 or marriage, it is gone.
It is also a rule, as general, that the intention of the testator is to be carried into effect. Now, if we reflect on the infinite variety of expression indicating the same intention, we will not be surprised to find some apparent difficulty in…
2Cases cited1 opinion
- Hellman ex rel. Miltenberger v. HellmanSupreme Court of Pennsylvania · 1834
3Cited by3 opinions
- In re Estate of MoranSuperior Court of Pennsylvania · 1900
- Weaver's EstateSuperior Court of Pennsylvania · 1909
- Fetrow's EstateSuperior Court of Pennsylvania · 1917