King v. King
Supreme Court of Pennsylvania
ERROR to the Common Pleas of York county. Elizabeth King against Jacob King and George Cown, executors of Philip J. King, deceased. This was an action for a legacy, in which the following case was considered in the nature of a special verdict.
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ERROR to the Common Pleas of York county. Elizabeth King against Jacob King and George Cown, executors of Philip J. King, deceased. This was an action for a legacy, in which the following case was considered in the nature of a special verdict. Philip J. King, the elder, made his will in writing,' dated 29th November 1791, which was duly proved, and letters testamentary granted thereon to Philip J. King, Jr. In said will is this provision: “ Item: I give and bequeath to my beloved wife, Catharine, the yearly interest of six hundred pounds, to be paid to her yearly, and every year during her…
1Opinion of the Court
The opinion of 'the .Court was delivered by
Gibson, C. J.
It is impossible to distinguish this case from Patterson v. Hawthorn, (12 Serg. & Rawle 113) in which the fund was bequeathed to the children at the death of the widow to whom the produce of it was given during her life, while here it is bequeathed. to them after her decease—a difference of expression which is immaterial to the question of intention, as the words do not, in either case, strictly import a present gift; for as we determined in Moore v. Smith, (9 Watts 403) a naked direction to pay at a given period, as much imports a…
2Cases cited1 opinion
- Moore v. SmithSupreme Court of Pennsylvania · 1840
3Cited by16 opinions
- McClure's AppealSupreme Court of Pennsylvania · 1873
- Provenchere's AppealSupreme Court of Pennsylvania · 1871
- Appeal of ReedSupreme Court of Pennsylvania · 1888
- Scott's EstateSupreme Court of Pennsylvania · 1930
- Chew's AppealSupreme Court of Pennsylvania · 1861
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