Knecht's Appeal
Supreme Court of Pennsylvania
Appeal from the Orphans’ Court of Northampton county: No. 336, to January Term 1872. In the estate of Christian Knecht, deceased. Christian Knecht died on the 26th day of December 1849, leaving a will dated July 27th 1849, with a codicil dated December 21st in the same year.
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Appeal from the Orphans’ Court of Northampton county: No. 336, to January Term 1872. In the estate of Christian Knecht, deceased. Christian Knecht died on the 26th day of December 1849, leaving a will dated July 27th 1849, with a codicil dated December 21st in the same year. After directing the payment of his debts he gave to his wife such household furniture as she might choose and other chattels; one-half of his dwelling, and out of his real estate in Fork township, grain, &c., yearly during her life. He further provided as follows :— “ Thirdly. I give and devise unto my son, Christian…
1Opinion of the Court
The opinion of the court was delivered, by
Agnew, J.
We agree with the Orphans’ Court in the opinion that the sum of $7000 directed by Christian Knecht, the testator, to be paid by his son Christian Knecht, the appellant, was charged upon the farm devised to the son. He was to take it under and subject to the payment of this sum, and the codicil declares it to be the consideration-money of his land. The intent to charge is plain. The proceeding to recover the legacy was properly under the 59th section of the Act of 24th February 1834. The objection that the executors of the will were not made…
2Cases cited2 opinions
- M'Curdy's AppealSupreme Court of Pennsylvania · 1843
- Clauser's EstateSupreme Court of Pennsylvania · 1841
3Cited by5 opinions
- Weller's EstateSupreme Court of Pennsylvania · 1915
- Estate of HartzellSupreme Court of Pennsylvania · 1896
- Kunkle's EstateSuperior Court of Pennsylvania · 1902
- Estate of O'GormanCalifornia Superior Court · 1910
- Garrison's EstatePennsylvania Orphans' Court, Philadelphia County · 1932