Appeal of Biddle
Supreme Court of Pennsylvania
Appeal from a decree of the Orphans’ Court of Philaddphia county : Of January Term 1882, No. 214. This was an appeal by John W. Biddle, Joseph G. Heuszey, Daniel W. Slack and Alexander D. Stockton, executors of the last will and testament of Alexander J. Derbyshire, deceased, from a decree of the said court, making distribution of the property appearing from an account held by ap]3ellants to be in their hands.
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Appeal from a decree of the Orphans’ Court of Philaddphia county : Of January Term 1882, No. 214. This was an appeal by John W. Biddle, Joseph G. Heuszey, Daniel W. Slack and Alexander D. Stockton, executors of the last will and testament of Alexander J. Derbyshire, deceased, from a decree of the said court, making distribution of the property appearing from an account held by ap]3ellants to be in their hands. The facts of the case were as follows: — Alexander J. Derby-shire died in March 1879, leaving a will wherein appellants were nominated as executors. By the said will, the testator,…
1Opinion of the CourtJustice Mercuk
*532It is a cardinal rule in the construction of a •will, that the intention of the testator shall govern, whenever that intention is clearly manifested, and is not in conflict with established principles of law: Findlay v. Riddle, 3 Binn. 149; Middleswarth’s Administrator v. Blackmore, 24 P. F. Smith 414; Schott’s Estate, 28 Id. 40. All mere technical rules of construction must give way to the plainly expressed intention of a testator if that intention be lawful. It is a rule of common sense as well as of law not to attempt to construe that which needs no construction : Reck’s Appeal, Id. 432.…
2Cases cited1 opinion
- Lessee of Findlay v. RiddleSupreme Court of Pennsylvania · 1810
3Cited by10 opinions
- Stafford's EstateSupreme Court of Pennsylvania · 1917
- Packer's EstateSupreme Court of Pennsylvania · 1914
- Derbyshire's EstateSupreme Court of Pennsylvania · 1913
- Derbyshire's EstateSupreme Court of Pennsylvania · 1932
- Lederer v. StocktonCourt of Appeals for the Third Circuit · 1920
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