Hambright's Appeal
Supreme Court of Pennsylvania
Appeal by Cyrus Hambright, executor of the last will and testament of John Swartz, late of Franklin county, deceased, from the decree of the Orphans’ Court of said county.
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Appeal by Cyrus Hambright, executor of the last will and testament of John Swartz, late of Franklin county, deceased, from the decree of the Orphans’ Court of said county. John Swartz made his last will, in June, 1849, in which he makes bequest to his wife, as follows: “ My will is, that my beloved wife, Magdalena, is to have three thousand dollars out of the first moneys arising from the sales of my estates, after my just debts and funeral expenses are paid, for her full use during her lifetime, and at her death, if any left, I desire that the one-half go to my brother, Daniel Swartz’ heirs,…
1Opinion of the Court
The opinion of the court was delivered August 14, 1855, by
Black, J.
— The sole question here is, whether the appellee is entitled to take the legacy of $3000, given her by her husband, without the security required by section 49, of the Act of 24th February, 1834; and this depends on whether any other person has an interest in remainder. It is given to her for her full use. Nothing is said about the principal being invested, and she is in no way confined to the interest or profits. On the contrary, she is to have the money. But the testator added, that she should have it for her life. In any…
2Cited by5 opinions
- Fox's AppealSupreme Court of Pennsylvania · 1882
- Follweiler's AppealSupreme Court of Pennsylvania · 1883
- Koller's EstatePennsylvania Orphans' Court, Northampton County · 1928
- Moltrup EstateSupreme Court of Pennsylvania · 1967
- Moltrup EstateSupreme Court of Pennsylvania · 1967