M'Neilledge v. Galbraith
Supreme Court of Pennsylvania
Case Stated. ON the 12th October, 1816, Alexander Thomas, the testator, made his last will and testament in writing, and thereby, after making sundry devises and bequests, devised as follows, to wit: — “ Further, it is my will, that my beloved wife, Eleanor Thomas, shall receive only the interest on the remainingpart of my real and personal estate during her life, and at her decease to be divided between her and my poor relations equally.”
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Case Stated. ON the 12th October, 1816, Alexander Thomas, the testator, made his last will and testament in writing, and thereby, after making sundry devises and bequests, devised as follows, to wit: — “ Further, it is my will, that my beloved wife, Eleanor Thomas, shall receive only the interest on the remainingpart of my real and personal estate during her life, and at her decease to be divided between her and my poor relations equally.” He constituted his said wife and the defendants in this cause, his executors and died; On the 12th May, 1817, the will was duly proved, and letters…
1Opinion of the Court
The opinion of the Court was delivered by
Duncan J.
Who were the persons intended by the testator, in the distribution of this residuary personal estate, which he directed to be divided between his own poor relations, and the poor relations of his wife equally, on his death ? This bequest is to be construed, as if the word poor were not in it. There is no distinguishing between the degrees of poverty ; for if degrees of poverty were to be taken into consideration, and govern the construction, it would ope.n a field of inquiry into the relative poverty of relations, rendering it very difficult…
2Cited by2 opinions
- Gest v. WaySupreme Court of Pennsylvania · 1837
- Campbell v. Heirs at Law of WigginsCourt of Appeals of South Carolina · 1838