Wertz's Appeal
Supreme Court of Pennsylvania
Appeal from the Orphans’ Court of Blair county: No. 8, to May Term 1871.. This was a proceeding by the administrator of Rachel Masden, deceased, against John Wertz, executor and devisee, and Solomon Wertz, devisee of Jacob Wertz, deceased, to recover a legacy under the will of the decedent, proved August 16th 1848. The clauses in the will under which the claim was made are the following: — ■ “And it is further my will, and I do hereby give and bequeath my whole estate, real,…
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Appeal from the Orphans’ Court of Blair county: No. 8, to May Term 1871.. This was a proceeding by the administrator of Rachel Masden, deceased, against John Wertz, executor and devisee, and Solomon Wertz, devisee of Jacob Wertz, deceased, to recover a legacy under the will of the decedent, proved August 16th 1848. The clauses in the will under which the claim was made are the following: — ■ “And it is further my will, and I do hereby give and bequeath my whole estate, real, personal and mixed, to my two sons John and Solomon, their heirs, executors, administrators and assignees, for ever,…
1Opinion of the Court
The opinion of the court was delivered, May 25th 1871, by
Sharswood, J.
This was a proceeding in the court below under the Act of Assembly of February 24th 1834, § 59, Pamph. L. 84, providing a remedy in the Orphans’ Court, wherever a legacy is charged upon land. There is but a single assignment of error, and that is for want of jurisdiction. For this two reasons are stated: First, because the legacy was not charged under the will on the land, and second, that if charged it was discharged and paid by an agreement between the legatee and devisee of the land. It is very clear that this last…
2Cases cited4 opinions
- Tower's AppropriationSupreme Court of Pennsylvania · 1845
- Hassanclever v. TuckerSupreme Court of Pennsylvania · 1803
- Witman v. NortonSupreme Court of Pennsylvania · 1814
- Tucker v. HassencleverSupreme Court of Pennsylvania · 1801
3Cited by1 opinion
- Snyder's EstateSuperior Court of Pennsylvania · 1900