Alsop's Appeal
Supreme Court of Pennsylvania
Dec. 13, 14. There were six cases argued together, involving the construction of the will of Richard Alsop. In 1829, testator, reciting that he was uncertain of the actual amount of his property, which w'as invested in mercantile operations, but assuming it as $168,000, bequeathed $50,000 to his wife, with a contingent bequest over.
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Dec. 13, 14. There were six cases argued together, involving the construction of the will of Richard Alsop. In 1829, testator, reciting that he was uncertain of the actual amount of his property, which w'as invested in mercantile operations, but assuming it as $168,000, bequeathed $50,000 to his wife, with a contingent bequest over. To his mother, Maria Dana, $25,000 absolutely, and $25,000 for life, remainder to his sister, Frances Alsop, for life, should she survive his mother, with power to dispose of it by will, and in the event of her not surviving his mother, to his mother absolutely.…
1Opinion of the CourtBell, J.
Was the court below right in decreeing that the *381codicil legatees are entitled to participate in the distribution of the testator’s residuary estate ? This was discussed as the leading question presented by these appeals, and I, therefore, propose first to consider it. In deciding it affirmatively, the auditor, whose reasoning appears to have been adopted by the Orphans’ Court, proceeded upon the ground that a codicil is in law considered as part of the will, and though an addition, yet forming-with it but one instrument. As a consequence of this principle, it is said the whole is to be…
2Cited by10 opinions
- Colley v. BrittonCourt of Appeals of Maryland · 1956
- Edwards's EstateSupreme Court of Pennsylvania · 1916
- Frechie's EstateSuperior Court of Pennsylvania · 1916
- Wilson v. SmithU.S. Circuit Court for the District of Eastern Pennsylvania · 1902
- Lockney v. Police Beneficiary Ass'nSupreme Court of Pennsylvania · 1907
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