Appeal of Little
Supreme Court of Pennsylvania
FROM THE DECREE OE THE ORPHANS’ COURT OE WYOMING COUNTY. No. 263 January Term 1886, Sup. Ct. This cause arose in the distribution of a balance shown by the first partial account of B. M. Hall, executor of the will of Wm.
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FROM THE DECREE OE THE ORPHANS’ COURT OE WYOMING COUNTY. No. 263 January Term 1886, Sup. Ct. This cause arose in the distribution of a balance shown by the first partial account of B. M. Hall, executor of the will of Wm. B. Moneypenny, deceased, who died on August 24,1884. The material parts of said will, which was dated June 6,1876, and of a codicil thereto, dated June 12, 1878, were as follows :— 7. All the rest, residue and remainder of my property not herein before mentioned, real, personal and mixed, I direct my executors to sell and convert into money as soon as the same can be done…
1Opinion of the Court
Opinion,
Mr. Justice Green :
We cannot agree with the learned court below in holding the bequest to Dr. J. R. McComb and his heirs to be a contingent bequest. The gift is absolute in terms and would certainly have been been payable to Dr. McComb had he lived *26until it became payable. Tbe fact of his death before that time arrived is of no moment in determining the character of the legacy as being vested or contingent. Nor is there any merit in the contention that the gift is only to be inferred from the direction to pay and is therefore contingent. The seventh clause of the will directs that the…
2Cases cited9 opinions
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- Criswell's AppealSupreme Court of Pennsylvania · 1862
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