Cooper v. Scott
Supreme Court of Pennsylvania
May 11th 1869. Before Thompson, C. J., Read, Agnew, Sharswood and Williams, JJ. Error to the Court of Common Pleas of Fulton county: Of May Term 1869, No. 82. In the court below this was an amicable action of debt, entered April 2d 1868, in which Henry W. Scott, guardian of George W. Cooper, was plaintiff, and James Cooper, executor of William Cooper, deceased, was defendant. A case was stated, embodying these facts.
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May 11th 1869. Before Thompson, C. J., Read, Agnew, Sharswood and Williams, JJ. Error to the Court of Common Pleas of Fulton county: Of May Term 1869, No. 82. In the court below this was an amicable action of debt, entered April 2d 1868, in which Henry W. Scott, guardian of George W. Cooper, was plaintiff, and James Cooper, executor of William Cooper, deceased, was defendant. A case was stated, embodying these facts. William Cooper, the decedent, died about the 9th of January 1867, unmarried, and without lawful issue, having made his will which was proved on that day, and which contained the…
1Opinion of the Court
The opinion of the court was delivered,
by Williams, J.
The sole question presented by the record in this case is, does the legacy of $2000 to George W. Cooper bear interest from the death of the testator? If it does, then it is admitted that the plaintiff below was entitled to recover in this action the amount of interest due at its commencement. It is clear from the terms of the bequest, that the legacy vested at the death of the testator. Where there is an antecedent absolute gift, independent of the direction and time for payment, the legacy is vested: but where there is no substantive…
2Cases cited2 opinions
- Magoffin v. PattonSupreme Court of Pennsylvania · 1833
- Miles v. WisterSupreme Court of Pennsylvania · 1813
3Cited by4 opinions
- Robinson's EstateSuperior Court of Pennsylvania · 1908
- Estate of YostSupreme Court of Pennsylvania · 1890
- Beers v. CommissionerUnited States Board of Tax Appeals · 1934
- Irvine's EstateSuperior Court of Pennsylvania · 1906