Legal Opinion

Schriver v. Cobeau

Supreme Court of Pennsylvania

Decided May 15, 1835PublishedCited by 8 opinions

ERROR to the common pleas of York county. This action was by Henry Schriver against Jacob A. Fisher, administrator of Alexander Cobeau. Dr John Spangler, by his last will and testament, made the following bequest. “I give unto my nephew Alexander Cobeau the interest arising from one share of five per cent state stock, the nominal share being 1000 dollars ; and when the principal is paid off by law, then I give to him the principal arising from such share.”

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ERROR to the common pleas of York county. This action was by Henry Schriver against Jacob A. Fisher, administrator of Alexander Cobeau. Dr John Spangler, by his last will and testament, made the following bequest. “I give unto my nephew Alexander Cobeau the interest arising from one share of five per cent state stock, the nominal share being 1000 dollars ; and when the principal is paid off by law, then I give to him the principal arising from such share.” Soon after the death of the testator, Alexander Cobeau died, and his administrator, Jacob A. Fisher, treated the above bequest as an…

1Opinion of the Court

The opinion of the Court was delivered by

Sergeant, J.

—It would be tedious to refer to the numerous authorities to be found in the books on the subject of vested and contingent legacies payable out of personal estate. It is sufficient to say, that by the settled construction of such bequests as the present, as well as the intent appearing on the face of this will, the legacy to the plaintiff was vested. In the commencement of the clause, the testator gives to his nephew, Alexander Cobeau, “ the interest arising from one share of five per cent state stock, the nominal share being 1000 dollars,”…

2Cited by8 opinions

  1. Provenchere's AppealSupreme Court of Pennsylvania · 1871
  2. Garret v. RexSupreme Court of Pennsylvania · 1837
  3. Roberts's AppealSupreme Court of Pennsylvania · 1868
  4. Silknitter's AppealSupreme Court of Pennsylvania · 1863
  5. Dorris's EstateSuperior Court of Pennsylvania · 1916

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