Hodgson v. Gemmil
Supreme Court of Pennsylvania
The defendant in error who was the plaintiff below, brought this action in the Common Pleas of Chester County to recover a legacy charged by the will of James Boyd on land devised to Joseph Hodgson his grandson, in favour of Eliza Hodgson his grand-daughter, who intermarried with Hugh Gemmil the plaintiff. Jameg Boyd, by his last will and testament, proved the eighteenth day of August, 1821, inter alia devised to his grandson James Boyd Hodgson as follows:— . “ Item.
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The defendant in error who was the plaintiff below, brought this action in the Common Pleas of Chester County to recover a legacy charged by the will of James Boyd on land devised to Joseph Hodgson his grandson, in favour of Eliza Hodgson his grand-daughter, who intermarried with Hugh Gemmil the plaintiff. Jameg Boyd, by his last will and testament, proved the eighteenth day of August, 1821, inter alia devised to his grandson James Boyd Hodgson as follows:— . “ Item. To my grandson James Boyd Hodgson, I give and devise the plantation and tract of land on which I live, containing one hundred…
1Opinion of the Court
The opinion of the court was delivered by
Kennedy, J.,
who after stating the facts, proceeded as follows: It is contended that the .court below ought to have given judgment in favour of the plaintiff in error. First, because the testator' having directed that the four thousand dollars should be divided equally among his four grand-daughters, and paid by his two grandsons to them, as they respectively attained the age of twenty-one years; and the twenty-seven hundred and fifty dollars charged on the land devised to James B. Hodgson, being the only part of the four thousand dollars which had…
2Cases cited1 opinion
- Kerlin's Lessee v. BullSupreme Court of the United States · 1786
3Cited by10 opinions
- Miller v. WallaceSupreme Court of Georgia · 1886
- Logan v. GlassSuperior Court of Pennsylvania · 1939
- Johnson v. DurrenceCourt of Appeals of Georgia · 1975
- Canter v. CommonwealthCourt of Appeals of Kentucky · 1917
- Newberry v. HinmanSupreme Court of Connecticut · 1881
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