Reed v. Buckley
Supreme Court of Pennsylvania
ERROR to the Common Pleas of Lycoming county. George Reed, administrator of Matilda Reed, against the executors of John Buckley, deceased.
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ERROR to the Common Pleas of Lycoming county. George Reed, administrator of Matilda Reed, against the executors of John Buckley, deceased. The parties agreed to the following facts, and considered them in the nature of a special verdict : John Buckley, now deceased, during his lifetime made his last will and testament in the words following, to wit: “ I, John Buckley, of Fairfield township, and county of Lycoming, being in a weak state of health, but possessing my usual soundness of mind, and aware of the uncertainty of human life, do make this my last will and testament. As to such worldly…
1Opinion of the Court
*519The opinion of the Court was delivered by
Sergeant, J.
Among the numerous cases that have occurred on the .subject of vested and contingent legacies, none has been cited that exactly resembles the present: and in order to decide it, we must rely on the'application of those general principles of law, which courts have recognised., The rule borrowed from the civil law, has been the ordinary guide in the first instance, that where the contingency is annexed to the timé of payment only, and the legacy has been given by- a previous bequest, there it is vested; but if -the contingency is annexed to…
2Cases cited1 opinion
- Patterson v. HawthornSupreme Court of Pennsylvania · 1824
3Cited by7 opinions
- Williams v. WilliamsCalifornia Supreme Court · 1887
- Smith's EstateSupreme Court of Pennsylvania · 1910
- Grothe's EstateSupreme Court of Pennsylvania · 1912
- Seibert's AppealSupreme Court of Pennsylvania · 1850
- Bebout's EstatePennsylvania Orphans' Court, Washington County · 1928
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