Dickinson v. Purvis
Supreme Court of Pennsylvania
THIS action was entered by agreement, and the following case submitted to the Court for their opinion. Joshua Byron, of the county of Philadelphia, by his last will and testament, dated March 2d, 1819, after directing his executors, the defendants,- to sell and dispose of such real and personal property as he should die possessed of, and the discharge of his just debts, and bequeathing various, legacíes to different members of his family, says : — I give to Elizabeth Byron…
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THIS action was entered by agreement, and the following case submitted to the Court for their opinion. Joshua Byron, of the county of Philadelphia, by his last will and testament, dated March 2d, 1819, after directing his executors, the defendants,- to sell and dispose of such real and personal property as he should die possessed of, and the discharge of his just debts, and bequeathing various, legacíes to different members of his family, says : — I give to Elizabeth Byron and her heirs, daughter of my brother William Byron, deceased, five hundred pounds. She is married, and her name, I…
1Per curiam
This is an action for a legacy bequeathed* by Joshua Byron, to his niece Elizabeth Dickinson. The testator gave five hundred pounds sterling to her and her.heirs.■ She died before him, leaving a husband and children. -.It is an unfortunate case, but the law is clear. The legacy was lapsed by the death of the legatee in the life of the testator. The word heirs, cannot operate in favour of the issue. It is an improper expression, because personal property does not go the heirs, but to the personal representative. But the testator intended, by that expression, only to denote the absolute…
2Cited by4 opinions
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