Skinner's Appeal
Supreme Court of Pennsylvania
From the Orphan’s Court of Adams county. Bucher and another, assignees of appellant, presented their petition to the court below, setting out the will of one Slade, who, inter alia, bequeathed to his daughter Elizabeth, wife of appellant, $1300, payable in annual sums of $100, by his son and devisee: that afterwards the appellant made an assignment to the petitioners of his right to the said legacy, in trust for his creditors, and prayed an order to enforce their rights to…
Read the full summary
From the Orphan’s Court of Adams county. Bucher and another, assignees of appellant, presented their petition to the court below, setting out the will of one Slade, who, inter alia, bequeathed to his daughter Elizabeth, wife of appellant, $1300, payable in annual sums of $100, by his son and devisee: that afterwards the appellant made an assignment to the petitioners of his right to the said legacy, in trust for his creditors, and prayed an order to enforce their rights to the payment of the legacy. The deed of assignment under which the petitioners claimed title, was an indenture made in…
1Per curiam
'The words of this assignment extend to the husband’s “personal property, of any kind whatever, which he holds, or is in any manner entitled to, be the same in possession or action and this general description is followed by a specification which rather restrains than enlarges it; and the question is, whether it passed an outstanding legacy to the assignor’s wife. The description is limited throughout to his property; and has he any property in Ms wife’s legacy ? If he had even a qualified property, it would pass subject to the wife’s right of survivorship in case it were not recovered in her…
2Cases cited2 opinions
- Dennison v. NighSupreme Court of Pennsylvania · 1833
- Robinson v. WoelpperSupreme Court of Pennsylvania · 1836