Gibbons v. Fairlamb
Supreme Court of Pennsylvania
Error to tbe Common Pleas of Delaware county. This was an action by Frederick Fairlamb, administrator, of -Elizabeth Fairlamb, deceased, against Joseph Gibbons, executor of Joseph Gibbons, deceased, to recover a legacy bequeathed to the said Elizabeth.
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Error to tbe Common Pleas of Delaware county. This was an action by Frederick Fairlamb, administrator, of -Elizabeth Fairlamb, deceased, against Joseph Gibbons, executor of Joseph Gibbons, deceased, to recover a legacy bequeathed to the said Elizabeth. The parties agreed upon a ease stated in the nature of a special verdict, on which the court below rendered a judgment for the plaintiff for $6000, with interest, from 21st December, 1858. The defendant brought this writ of error. The facts of the case, and the points involved, are sufficiently stated in the opinion of his honour, the chief…
1Opinion of the Court
The opinion of the court was delivered by
Lewis, C. J.
Joseph Gibbons, the elder, bequeathed $6000 to his daughter, Elizabeth Eairlamb, to be paid to her out of his personal estate, within six months after his decease. After other legacies he gave the residue to Joseph Gibbons, his son. He then provided in his will that in case of the decease of any of the legatees previous to the expiration of six months after the death of the testator, and before payment of their respective legacies, the bequest to such legatee so dying “ shall descend to and be equally divided amongst his or her heirs or…
2Cases cited1 opinion
- Lessee of Ware v. FisherSupreme Court of Pennsylvania · 1800
3Cited by2 opinions
- Mason v. BailyCourt of Chancery of Delaware · 1888
- Stevenson's EstatePennsylvania Orphans' Court, Clinton County · 1943