Legal Opinion

Dimond v. M'Dowell

Supreme Court of Pennsylvania

Decided September 15, 1838PublishedCited by 2 opinions

ERROR to the common pleas of Fayette county. James M’Dowell against Christiana Dimond. This was an action of trover for certain articles of personal property. Daniel Dimond deceased by his will bequeathed as follows: “ It is my desire that, my children that are not married shall have of goods or money to the amount of those that are married, or to the amount of what I gave them at marriage for keeping house.” Of this will Christiana Dimond was the executrix.

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ERROR to the common pleas of Fayette county. James M’Dowell against Christiana Dimond. This was an action of trover for certain articles of personal property. Daniel Dimond deceased by his will bequeathed as follows: “ It is my desire that, my children that are not married shall have of goods or money to the amount of those that are married, or to the amount of what I gave them at marriage for keeping house.” Of this will Christiana Dimond was the executrix. The present plaintiff was married to Eve Dimond, one of the daughters, after the death of the testator, and lived in (he house with the…

1Opinion of the Court

The opinion of the Court was delivered by

Sergeant, J.

Though this bequest is not strictly specific, as the identical goods bequeathed are not designated, yet in the event of goods being selected in discharge of it, it partakes of that character; and when the choice is made and the assent of the executor takes place, the rule is that the legacy vests in the legatee, and that his title becomes complete and perfect. The law has prescribed no particular form to express the assent on the part of the executor, and it may be express or implied. The executor may not only in direct terms authorize the…

2Cited by2 opinions

  1. Union Refining & Storage Co. v. BushnellSupreme Court of Pennsylvania · 1879
  2. Buchanan v. BuchananSupreme Court of Pennsylvania · 1863

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