Patterson v. Hawthorn
Supreme Court of Pennsylvania
IN ERROR. administrator of Elizabeth Hawthorn, deceased, brought this action in the Court of Common Pleas of Cumberland, county, against John Patterson, surviving executor of Samuel Henderson, deceased; and, by agreement, a case was- stated for the opinion of the court, to be considered as a special verdict. The substance of the ease was shortly this: — Samuel Henderson was the father of Elizabeth Hawthorn, deceased, late wife' of Alexander Hawthorn, the plaintiff.
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IN ERROR. administrator of Elizabeth Hawthorn, deceased, brought this action in the Court of Common Pleas of Cumberland, county, against John Patterson, surviving executor of Samuel Henderson, deceased; and, by agreement, a case was- stated for the opinion of the court, to be considered as a special verdict. The substance of the ease was shortly this: — Samuel Henderson was the father of Elizabeth Hawthorn, deceased, late wife' of Alexander Hawthorn, the plaintiff. By his will, he ordered all his real estate to be sold by his executors, and the money proceeding from the sale, to be put out at…
1Opinion of the Court
The opinion of the court was delivered by
Tilghivian, C. J.
The rule is, that where a legacy is given to a person, to be paid at a future time, it vests immediately But where it is not given until a certain future time, it does not vest until that *114time; and if the legatee dies before, it is lost. This is the rule, .but in the application of it there is great nicety, and the adjudged cases can hardly be reconciled. There are some exceptions, too, to the general rule. Where a legacy is charged on land, and the legatee dies before the time of payment, the courts have inclined to the sinking of the…
2Cited by2 opinions
- Reed v. BuckleySupreme Court of Pennsylvania · 1843
- Shattuck v. StedmanMassachusetts Supreme Judicial Court · 1824