Thomas v. Thomas
Supreme Court of Pennsylvania
On the trial of -this cause at Nisi Prius, a verdict was rendered for the plaintiff, for three hundred and eighty-nine dollars sixty-four cents, subject to the opinion of the court upon his right to recover, upon the whole evidence; from which-it appeared that Nathan Tho-. mas, the defendant’s testator, departed this life having made his last will and testament bearing date the 3d of November, 1804, wherein he devised as follows:— ■ First.
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On the trial of -this cause at Nisi Prius, a verdict was rendered for the plaintiff, for three hundred and eighty-nine dollars sixty-four cents, subject to the opinion of the court upon his right to recover, upon the whole evidence; from which-it appeared that Nathan Tho-. mas, the defendant’s testator, departed this life having made his last will and testament bearing date the 3d of November, 1804, wherein he devised as follows:— ■ First. “ My will is, that the plantation and tract of land which I now possess in the township of Blochley, and county aforesaid, with the appurtenances thereunto…
1Opinion of the Court
The opinion of the' court was delivered by
Huston, J.
It has been contended that the power of appointment does not prevent the estate or money from vesting in default of appointment. This, however, is where by the will, the estate is limited expressly-in case no appointment is'made. Sugden on Powers, 148, 151. On recurring, to the authorities cited, it will be found, that the case in 1 Vez. 209, was a devise to the testator’s, daughter of three thousand pounds, for the' us.e of her younger children, to "be by her distributed among them, in such a manner and shares as she shall think fit, and it…
2Cases cited1 opinion
- In the case of Flintham's Appeal from the Decree of the Orphan's CourtSupreme Court of Pennsylvania · 1823
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- Bringier v. GordonSupreme Court of Louisiana · 1859
- On Rule by Sample v. ScarboroughSupreme Court of Louisiana · 1891
- Frye v. RaemischCourt of Appeals for the Tenth Circuit · 2013
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