Campbell v. Gilbert
Supreme Court of Pennsylvania
This was a writ of error to the Court of Common Pleas of Montgomery. In the court below an action was brought by Joseph Campbell, executor of the last will and testament of Elizabeth Fisher, deceased, against Israel Gilbert, administrator cum testamento annexo of Christian Fisher, deceased, and a case was stated for the opinion of the court as follows: “Christian Fisher, late of the township of Springfield, in the county of Montgomery, by his last will and testament, dated…
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This was a writ of error to the Court of Common Pleas of Montgomery. In the court below an action was brought by Joseph Campbell, executor of the last will and testament of Elizabeth Fisher, deceased, against Israel Gilbert, administrator cum testamento annexo of Christian Fisher, deceased, and a case was stated for the opinion of the court as follows: “Christian Fisher, late of the township of Springfield, in the county of Montgomery, by his last will and testament, dated the 13th day of May, a. d. 1824, duly proved on the 23d day of July, a. d. 1825, and recorded in the register’s office at…
1Opinion of the Court
The opinion of the court was delivered by
Kennedy, J.
It is too plain to admit of a question, that the seven hundred arid fifty-five dollars and fifty-six cents is given by the first clause of the will, in which it is mentioned, to the wife of the testator absolutely. Bht it is contended by the counsel for the plaintiff in *77error, that the testator, by a subsequent clause, has manifested very clearly his intention that she should only receive the interest thereof during her natural life. The subsequent clause is in these words; “ my executor, hereinafter named, shall take so much money out of my…
2Cases cited3 opinions
- Hellman ex rel. Miltenberger v. HellmanSupreme Court of Pennsylvania · 1834
- Garret v. RexSupreme Court of Pennsylvania · 1837
- Schriver v. CobeauSupreme Court of Pennsylvania · 1835
3Cited by3 opinions
- Austin Keene's AppealSupreme Court of Pennsylvania · 1870
- Estate of BruchSupreme Court of Pennsylvania · 1898
- Estate of FellSuperior Court of Pennsylvania · 1897