Page's Appeal
Supreme Court of Pennsylvania
Appeal from the Orphans’ Court of Philadelphia: No. 216, to January Term 1871. In the estate of Eliza H. Burd, deceased.
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Appeal from the Orphans’ Court of Philadelphia: No. 216, to January Term 1871. In the estate of Eliza H. Burd, deceased. On the 28th of May 1870, Margaret Burd Page presented her petition to the Orphans’ Court, setting forth that Eliza Howard Burd, by her will dated September 20th 1858, and codicil dated December 6th 1859, proved April 11th 1850, amongst other things bequeathed as follows : “ I give and bequeath unto my god-daughter Margaret Burd Page, daughter of Dr. William Burd Page, the sum of two thousand dollars, to be paid to her by my executors, when she attains the age of twenty-one…
1Opinion of the Court
The opinion of the court was delivered, by
Agnew, J.
Mrs. Eliza II. Burd bequeathed to her goddaughter, Margaret B. Page, $2000, “ to be paid to her by my executors, when she attains the age of 21 years, but if she dies in her minority, the same is to fall into the residue of my estate.” This is a vested legacy, but the time of paymen-t-is deferred until the legatee shall arrive at age. In such a case the rule is well settled, that interest does not run upon the legacy until it falls due: Leech’s Appeal, 8 Wright 140; Kerr v. Bosler, 12 P. F. Smith 183. The 47th section of the Act of 24th…
2Cited by3 opinions
- Mereto's EstateSupreme Court of Pennsylvania · 1933
- Gunning's EstateSupreme Court of Pennsylvania · 1912
- Irvine's EstateSuperior Court of Pennsylvania · 1906