Powell v. Biddle
Supreme Court of the United States
THIS was an action of debt to recover a legacy, under the following circumstances. The testator by his last will and testament bequeathed “ unto his friend Samuel Powell, (son of Samuel Powell, of the City of Philadelphia, Carpenter), the sum of £ 100 in specie, to be put out to interest by his executors ; the whole principal and interest to be paid to the said Samuel Powell, when he shall attain 21 years of age : But in case he shall depart this life, in his minority, or…
Read the full summary
THIS was an action of debt to recover a legacy, under the following circumstances. The testator by his last will and testament bequeathed “ unto his friend Samuel Powell, (son of Samuel Powell, of the City of Philadelphia, Carpenter), the sum of £ 100 in specie, to be put out to interest by his executors ; the whole principal and interest to be paid to the said Samuel Powell, when he shall attain 21 years of age : But in case he shall depart this life, in his minority, or before the said legacy be paid to him, then the same to sink into the residue of the testator’s estate, &c.” At the trial…
1Opinion of the Court
Shippen President.
The court entertain no doubt in this case ; and, therefore, ought not to postpone a decision. The bequest was made to a person who was always called Samuel by the testator, though, in fact, named William; and whom the testator had nurtured and educated from his infancy ; when, on the other hand, he did not even know the person really called Samuel. The evidence to explain those facts was proper to be laid before the joy ; and their verdict perfectly accords with the law and equity of the case. Therefore,
Let the Rule be discharged.
2Cited by9 opinions
- Ayres v. WeedSupreme Court of Connecticut · 1844
- Appel v. ByersSupreme Court of Pennsylvania · 1881
- Wesley Hall, Jr. v. Laura A. Killingsworth and Yeolen S. ThomasCourt of Appeals for the D.C. Circuit · 1958
- Coit v. StarkweatherSupreme Court of Connecticut · 1830
- Tallman v. TallmanThe Superior Court of the City of New York and Buffalo · 1893
4 more not listed; retrieve them via the Exa API.