Erisman v. Directors of the Poor
Supreme Court of Pennsylvania
Error to the Common Pleas of Lancaster county. • This was an action'of assumpsit, by The Directors of the Poor and of the House of.
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Error to the Common Pleas of Lancaster county. • This was an action'of assumpsit, by The Directors of the Poor and of the House of. Employment of the County of Lancaster against Daniel Erisman, trustee of Lydia Thomas, a lunatic, in which the following case was stated for the opinion of the court:— “Ann Charlotte Frank, in her last will and testament, which was duly probated and recorded in the register’s office, in book ‘ 7,’ page 308, at Lancaster, dated September the 5th, a. d. 1843, willed and bequeathed as follows, to wit, amongst other things: ‘ And after all the foregoing legacies, and…
1Opinion of the Court
The opinion of the court was delivered, by
Thompson, J.
It is undoubtedly the true construction of the will of Ann Charlotte Frank, that whenever urgent necessity required the principal sum bequeathed to be called upon for the benefit of her niece, there was to be no limitation upon the sum to be applied, short of what might be needed in the exigency. It was not restricted to purchases of necessaries, as was the interest, but to what might be necessary in cases of urgent necessity occurring in regard to her.
She became insane, and on proceedings instituted to inquire of her condition, she was…
2Cited by18 opinions
- Walters' CaseSupreme Court of Pennsylvania · 1924
- Harrar's EstateSupreme Court of Pennsylvania · 1914
- Cronin's CaseSupreme Court of Pennsylvania · 1937
- Estate of Elizabeth HohenshieldtSuperior Court of Pennsylvania · 1931
- Stewart v. MaddenSupreme Court of Pennsylvania · 1893
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