Estate of Sharp
Superior Court of Pennsylvania
Appeal, No. 9, Feb. T., 1898, by William Sharp and Ellen Sharp et al., from decree of O. C. Sullivan Co., Feb. T., 1892, No. 4, in distribution of funds arising from tbe sale of the real estate of Edward Sharp, deceased. Exceptions to auditor’s report. Before Metzger, P. J., of tbe 29th judicial district, specially presiding.
Read the full summary
Appeal, No. 9, Feb. T., 1898, by William Sharp and Ellen Sharp et al., from decree of O. C. Sullivan Co., Feb. T., 1892, No. 4, in distribution of funds arising from tbe sale of the real estate of Edward Sharp, deceased. Exceptions to auditor’s report. Before Metzger, P. J., of tbe 29th judicial district, specially presiding. It appears from tbe auditor’s report that decedent died testate leaving to survive him five daughters, issue of bis first wife, and the appellee, his second wife, the widow. Being indebted at tbe time of his death the fund for distribution arose out of the proceeds of…
1Opinion of the Court
Opinion by
Orlady, J.,
A legacy may be charged on land by implication. No form of words is necessary to produce the effect, and when the intention is manifest, courts are bound to carry it into execution. Such was decided in Ripple v. Ripple, 1 Rawle, 386, and is followed in Gilbert’s Appeal, 85 Pa. 347 in which it is said: “ While in order to make legacies a charge upon land it must be found that such was the testator’s intention, still it is not necessary that its ascertainment should rest upon direct expression.” Both statements of the principle are adopted by Judge Fell in Dickerman v.…
2Cases cited3 opinions
- Ripple v. RippleSupreme Court of Pennsylvania · 1829
- Gilbert's AppealSupreme Court of Pennsylvania · 1877
- Dickerman v. EddingerSupreme Court of Pennsylvania · 1895
3Cited by3 opinions
- In re Estate of MoranSuperior Court of Pennsylvania · 1900
- Friedland EstatePennsylvania Orphans' Court, Delaware County · 1947
- Smith v. Baldwin, Pennsylvania Court of Common Pleas, Greene County1924