Bowman's Appeal
Supreme Court of Pennsylvania
Appeal from the Orphans’ Court of Cumberland county. This was an appeal by Jaeob Bowman, executor of Samuel Bowman, deceased, from the decree of the court below, for the payment of a legacy of $400, bequeathed by the testator to William Wesley Bear, unto Jacob Bear, the administrator of the legatee.
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Appeal from the Orphans’ Court of Cumberland county. This was an appeal by Jaeob Bowman, executor of Samuel Bowman, deceased, from the decree of the court below, for the payment of a legacy of $400, bequeathed by the testator to William Wesley Bear, unto Jacob Bear, the administrator of the legatee. On the 22d June 1857, Jacob Bear presented his petition to the Orphans’ Court setting forth that Samuel Bowman, by his will, proved the 15th June 1847, bequeathed- as follows: “ I give to my three grandchildren, Elizabeth, William Wesley, and Martha Bear, the children of my daughter Martha, the…
1Opinion of the Court
The opinion of the court was delivered by
Thompson, J.
On the subject of what constitutes a vested or contingent legacy, this court has, in many cases, iterated and *23reiterated the rule of the courts in England, that, where there is a substantive bequest or gift of a sum of money, to be paid at a future time, there the bequest or legacy is vested. But where there is no antecedent gift or bequest, independent of the period fixed for payment, then it is not vested, but contingent: Magoffin v. Patton, 4 Rawle 113; Seibert’s Appeal, 7 Harris 56; Lamb v. Lamb, 8 Watts 184; Moore v. Smith, 9 Watts 407.
2Cases cited3 opinions
- Magoffin v. PattonSupreme Court of Pennsylvania · 1833
- Trustees of Jacobs v. BullSupreme Court of Pennsylvania · 1833
- Lamb v. LambSupreme Court of Pennsylvania · 1839
3Cited by7 opinions
- Scott's EstateSupreme Court of Pennsylvania · 1930
- Grothe's EstateSupreme Court of Pennsylvania · 1912
- Estate of YostSupreme Court of Pennsylvania · 1890
- Beers v. CommissionerUnited States Board of Tax Appeals · 1934
- Title Guarantee & Trust Co. v. WardU.S. Circuit Court for the District of Northern New York · 1908
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