Jackson v. Robinson
Supreme Court of Pennsylvania
HlflT for a legacy. Defendant pleaded non asstmipsit and non solvit and issue. The plaintiff rested bis claim on the following words in the will: “I “give and bequeath to Mary Jackson, the wife of William “Jackson, all my wearing apparel, household and kitchen ‘ ‘ furniture, plate, linen, books, and every kind of moveables 1 ‘ whatsoever. ’ ’ The testatrix had also devised 50/. to the Wicacoe Lutheran Church, 150I. to the Lutheran Church near Philadelphia, iool. to Robert…
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HlflT for a legacy. Defendant pleaded non asstmipsit and non solvit and issue. The plaintiff rested bis claim on the following words in the will: “I “give and bequeath to Mary Jackson, the wife of William “Jackson, all my wearing apparel, household and kitchen ‘ ‘ furniture, plate, linen, books, and every kind of moveables 1 ‘ whatsoever. ’ ’ The testatrix had also devised 50/. to the Wicacoe Lutheran Church, 150I. to the Lutheran Church near Philadelphia, iool. to Robert Hopkins, and 50I. to each of his children. Then followed the legacy to the plaintiff. She then directed 200k to be put out…
1Opinion of the Court
Per Cur.
This appears to us a very plain case. The words “goods or moveables” may include bonds, unless there is something in the context of the whole will to restrain or qualify the construction. But in the present case, the affixing of such a sense to the words, would evidently defeat the whole intention of the testatrix. It would be taking away all from the other legatees and give it to one only; it would prevent any residuum which the testatrix had in contemplation; besides, from the face of the will, it appears that she originally designed to the plaintiff her wearing apparel only. She…
2Cited by2 opinions
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