Leech's Appeal in Estate of Leech
Supreme Court of Pennsylvania
Appeal from the Orphans’ Court of Philadelphia. This was an appeal by William A. Leech, Henriette R. Leech, who has since intermarried with Jacob L. Stadleman, and the said Jacob L. Stadleman, Mordecai M. Sheldrake, and Deborah E. Sheldrake his wife, Henry M. Leech, and Mordecai M. Sheldrake and William A. Leech, executors of the last will and testament of Frances S. Leech, deceased, from the decree of the Orphans’ Court in and for the city and county of Philadelphia in the…
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Appeal from the Orphans’ Court of Philadelphia. This was an appeal by William A. Leech, Henriette R. Leech, who has since intermarried with Jacob L. Stadleman, and the said Jacob L. Stadleman, Mordecai M. Sheldrake, and Deborah E. Sheldrake his wife, Henry M. Leech, and Mordecai M. Sheldrake and William A. Leech, executors of the last will and testament of Frances S. Leech, deceased, from the decree of the Orphans’ Court in and for the city and county of Philadelphia in the matter of the estate of the said Frances S. Leech, deceased. The case arose under the will of Frances S. Leech,…
1Opinion of the Court
The opinion of the court was delivered, by
Lowrie, C. J.
We think the granddaughter, Clara M. Ben*142ner, was allowed too much when she was allowed interest on her legacy before it became due. The will gives us the law of the case, and it allows no interest. Then it is only by equity that any can be allowed; and it allows none on such a legacy except where the relation of the legatee to the testator, in connection with circumstances of destitution and dependence of the legatee seems to demand it, and thus to support the supposition that it was intended.
No such circumstances appear in this case. The…
2Cited by2 opinions
- Todd's EstateSupreme Court of Pennsylvania · 1912
- Gunning's EstateSupreme Court of Pennsylvania · 1912