Krause v. Beitel
Supreme Court of Pennsylvania
in error. Writ of error to the Court of Common Pleas of Lehigh county. In this action of assumpsit, in which the plaintiff in error, John J. Krause, assignee of John Moll, for the use of the creditors of the said John Moll, was plaintiff below, and the defendants in error, Christian F. Beitel and Frederick JVewhardt, were defendants, a case was stated for the opinion of the court below, which it was agreed should be considered as a special verdict.
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in error. Writ of error to the Court of Common Pleas of Lehigh county. In this action of assumpsit, in which the plaintiff in error, John J. Krause, assignee of John Moll, for the use of the creditors of the said John Moll, was plaintiff below, and the defendants in error, Christian F. Beitel and Frederick JVewhardt, were defendants, a case was stated for the opinion of the court below, which it was agreed should be considered as a special verdict. In substance it was as follows : Loreniz Newhardt, on the 28th of December, 1815, made his will, which after his death, viz. on the 8th of August,…
1Opinion of the Court
The opinion of the court was delivered by
Gibson, C. J.
Nothing in the will indicates an intent to limit the bequest in favour of Elizabeth Moll, to her separate use. The limitation to her heirs in case of her death was probably inserted to prevent the legacy from lapsing; but it is manifest from its being used also in reference to the testator’s sons, that it was not intended to control the marital rights of the husbands of his daughters.
The remaining point 1 take to be equally clear. As regards cross demands, the trustee of an insolvent estate, stands in a situation perhaps less, but…
2Cited by5 opinions
- Coonan v. LoewenthalCalifornia Supreme Court · 1905
- Laybourn v. SeymourSupreme Court of Minnesota · 1893
- Morrow's Assignees v. BrightSupreme Court of Missouri · 1855
- Eberle v. FisherSupreme Court of Pennsylvania · 1850
- Romig v. ErdmanSupreme Court of Pennsylvania · 1840