Legal Opinion

Mullock v. Souder

Supreme Court of Pennsylvania

Decided March 15, 1843PublishedCited by 15 opinions

THIS was a case stated for the opinion of the court, as follows: Elizabeth Peters, of Baltimore, made her last will dated the 3d of June 1831, which was proved in Baltimore county, Maryland, on the 10th July 1837, she having died on the 6th of the same month, and letters testamentary upon an exemplification filed in the Register’s Office for the city and county of Philadelphia, were issued to Caspar Souder, the executor named in the will, on the 17th July 1837. By this will…

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THIS was a case stated for the opinion of the court, as follows: Elizabeth Peters, of Baltimore, made her last will dated the 3d of June 1831, which was proved in Baltimore county, Maryland, on the 10th July 1837, she having died on the 6th of the same month, and letters testamentary upon an exemplification filed in the Register’s Office for the city and county of Philadelphia, were issued to Caspar Souder, the executor named in the will, on the 17th July 1837. By this will she devised as follows: “I order and direct all my just debts and funeral expenses to be fully satisfied and paid out of…

1Opinion of the Court

The opinion of the Court was delivered by

Sergeant, J.

The ground-rents in question must be considered as property acquired after the date of the will; Skerrett v. Burd, (1 Whart. 246); and the rule of law was, at the date of this will, and until the Act of 8th April 1833, that real estate acquired after the date of the will did not pass By any general devise contained in it. Girard v. The City of Philadelphia, (4 Rawle 323). But by the 10th section of that Act, the real estate acquired by any testator, after the making of his will, shall pass by a general devise, unless a contrary intention be…

2Cases cited2 opinions

  1. Girard v. Mayor of PhiladelphiaSupreme Court of Pennsylvania · 1833
  2. Skerrett v. BurdSupreme Court of Pennsylvania · 1836

3Cited by15 opinions

  1. Commonwealth v. ScoleriSupreme Court of Pennsylvania · 1960
  2. Taylor v. MitchellSupreme Court of Pennsylvania · 1868
  3. Hoffman v. HoffmanSupreme Court of Alabama · 1855
  4. Blackbourn v. TuckerMississippi Supreme Court · 1895
  5. Estate of QuinPennsylvania Orphans' Court, Philadelphia County · 1891

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