Reed v. Reed
Supreme Court of Pennsylvania
ERROR to the common pleas of Mifflin county. Jane Reed against Abner Reed and others. Alexander Reed, by his last will and testament, thus disposes of his estate: “ 1. I will that all of my debts and funeral expenses be paid by my executors hereinafter named and appointed. “2. I give and bequeath to my wife Jane the ten shares of stock which I hold in the Juniata Bank, of Pennsylvania, during her natural life.
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ERROR to the common pleas of Mifflin county. Jane Reed against Abner Reed and others. Alexander Reed, by his last will and testament, thus disposes of his estate: “ 1. I will that all of my debts and funeral expenses be paid by my executors hereinafter named and appointed. “2. I give and bequeath to my wife Jane the ten shares of stock which I hold in the Juniata Bank, of Pennsylvania, during her natural life. She to receive the interest as it may become due during that time,.and the stock at her decease to return to my estate. “3. I give and bequeath to my brothers, John and Abner Reed, the…
1Opinion of the Court
The opinion of the court was delivered by
Gibson, C. J.
If this legacy is specific, as I take it to be, not being payable at all events, but out of a particular fund, and not by the executor, so also are the other bequests of gross sums out of the same fund; but as specific legacies abate as to each other, the question stands as if it were between general legatees.
The expressions with which the opinion of the court was introduced in Duncan v. Alt, and which have been pressed into the argument here, were intended to mark the leading principles on which foreign courts of equity have proceeded…
2Cited by14 opinions
- Steele v. Steele's Adm'rSupreme Court of Alabama · 1879
- Borden v. JenksMassachusetts Supreme Judicial Court · 1886
- Tarter's EstateSupreme Court of Pennsylvania · 1927
- Hummel's EstateSupreme Court of Pennsylvania · 1894
- Finney's AppealSupreme Court of Pennsylvania · 1886
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