McGill's Appeal
Supreme Court of Pennsylvania
Appeal from the decree of the Orphans’ Court of Philadelphia: In the estate of James McCulloch deceased: No. 6, to January Term 1869. James McCulloch, the decedent, died in August 1830, having made a will dated August 6th 1829, with several codicils, the last dated July 29th 1830 and proved August 23d 1830. Amongst other provisions of the will and codicils were the following:— “ To Margaret McCormack, my present housekeeper, I leave the proceeds of eighty shares of bank…
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Appeal from the decree of the Orphans’ Court of Philadelphia: In the estate of James McCulloch deceased: No. 6, to January Term 1869. James McCulloch, the decedent, died in August 1830, having made a will dated August 6th 1829, with several codicils, the last dated July 29th 1830 and proved August 23d 1830. Amongst other provisions of the will and codicils were the following:— “ To Margaret McCormack, my present housekeeper, I leave the proceeds of eighty shares of bank stock, which must be reserved for that purpose in the Mechanics’ Bank of the city and county of Philadelphia, the proceeds…
1Opinion of the Court
The opinion of the court was delivered, March 11th 1869, by
Thompson, C. J.
The point of this case, it seems to us, is to ascertain whether, by our decisions, the bequest over to George McCulloch and Thomas H. Baird, of the bank-stock bequeathed *50by the testator to Margaret McCormack for life, passed and was vested in them in unlimited ownership, absolutely and unqualifiedly, so as to permit an assignment of it in anticipation of this period of enjoyment.
The bequest was to Margaret McCormack of the proceeds of 83 shares of stock of the Mechanics’ Bank for life, and after her decease to be sold,…
2Cases cited1 opinion
- King v. KingSupreme Court of Pennsylvania · 1841
3Cited by5 opinions
- Appeal of ReedSupreme Court of Pennsylvania · 1888
- Appeal of LittleSupreme Court of Pennsylvania · 1887
- Knerr's EstateSuperior Court of Pennsylvania · 1937
- Eichelberger's EstateSupreme Court of Pennsylvania · 1922
- Donaldson's EstatePennsylvania Orphans' Court, Washington County · 1936