Bitzer's v. Hahn
Supreme Court of Pennsylvania
IN ERROR. Writ of error to the Court of Common Pleas of Lancaster county. brought this action, in the court below, against the plaintiff in error, the executor of John Bitzer, deceased, to recover a legacy, claimed in right of the wife, who was the daughter of Barbara Meixel, deceased, who was the daughter of the said John Bitzer, under the following clauses in his will:— “ Item, I give and bequeath unto my two youngest sons, to each of them, the sum of four hundred pounds,…
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IN ERROR. Writ of error to the Court of Common Pleas of Lancaster county. brought this action, in the court below, against the plaintiff in error, the executor of John Bitzer, deceased, to recover a legacy, claimed in right of the wife, who was the daughter of Barbara Meixel, deceased, who was the daughter of the said John Bitzer, under the following clauses in his will:— “ Item, I give and bequeath unto my two youngest sons, to each of them, the sum of four hundred pounds, lawful money of Pennsylvania, to be paid for their use out of the first money which comes into the hands of my executor,…
1Opinion of the Court
The opinion of the court was delivered by
Duncan, J.
This is an action for a legacy against the executor of John Bitzer, by Hahn and wife, the daughter of Barbara Meixel, deceased, who was the daughter of the testator, and who died before making the will. It depended upon the following clause in the will: “ Item, I give and bequeath unto my two youngest sons, each of them, the sum of four hundred pounds, to be paid for their use out of the first money which cornes into the hands of my executor, out of my estate. Item, I give and bequeath unto each of the three children of my daughter Barbara,…
2Cases cited4 opinions
- Westcott v. CadyNew York Court of Chancery · 1821
- Hassanclever v. TuckerSupreme Court of Pennsylvania · 1803
- Fox v. WilcocksSupreme Court of Pennsylvania · 1806
- Miles v. WisterSupreme Court of Pennsylvania · 1813
3Cited by1 opinion
- Hamilton v. LewisSupreme Court of Missouri · 1850