Legal Opinion

Davis's Appeal

Supreme Court of Pennsylvania

Decided May 7, 1877PublishedCited by 4 opinions

Appeal from the Orphans’ Court of Philadelphia county: Of January Term 1875, No. 186. This was the appeal of Anna Maria Davis from the decree of the. court dismissing her petition, praying that certain annuities charged by T. P. Hanbest, deceased, in his will, upon his estate, might be secured by setting apart a portion of the real estate of testator, the personal estate being insufficient to support said annuities.

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Appeal from the Orphans’ Court of Philadelphia county: Of January Term 1875, No. 186. This was the appeal of Anna Maria Davis from the decree of the. court dismissing her petition, praying that certain annuities charged by T. P. Hanbest, deceased, in his will, upon his estate, might be secured by setting apart a portion of the real estate of testator, the personal estate being insufficient to support said annuities. Thomas Passmore Hanbest died on the 7th of August 1873, leaving a will dated the 30th of July 1873, and a codicil dated the 5th day of August 1873. By this will he directed his…

1Opinion of the CourtJustice Mercur

By the last will and testament of Thomas Passmore Hanbest he gave to the appellant the sum of three thousand dollars- per annum, payable quarterly by his executor during her natural life. He devised certain real estate specifically to his brother Philip, and certain other real estate specifically to his sister Julia. He also gave numerous legacies and annuities to various other persons.

Clause 27| of his will declares, “all my real estate is to be kept *353in good order and condition under the direction and care of my brother Philip, and repairs to be made to the same, from time to time, by him,…

2Cases cited4 opinions

  1. Morrow ex rel. Isett v. BrenizerSupreme Court of Pennsylvania · 1828
  2. Ripple v. RippleSupreme Court of Pennsylvania · 1829
  3. Hassanclever v. TuckerSupreme Court of Pennsylvania · 1803
  4. English v. HarveySupreme Court of Pennsylvania · 1830

3Cited by4 opinions

  1. Sloan's AppealSupreme Court of Pennsylvania · 1895
  2. Markley's EstateSupreme Court of Pennsylvania · 1892
  3. Snyder's EstateSuperior Court of Pennsylvania · 1900
  4. Todd's EstateSuperior Court of Pennsylvania · 1906

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