Balliet's Appeal
Supreme Court of Pennsylvania
Appeal from the decree of the Orphans’ Court of Lehigh county. This was an appeal by Stephen Balliet, Jr., and Paul Balliet, from the decree of distribution on the account of Stephen and Paul Balliet, executors of the will of Paul Balliet, deceased.
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Appeal from the decree of the Orphans’ Court of Lehigh county. This was an appeal by Stephen Balliet, Jr., and Paul Balliet, from the decree of distribution on the account of Stephen and Paul Balliet, executors of the will of Paul Balliet, deceased. Paul Balliet, of the township of North Whitehall, in the county of Lehigh, in his will, devised to his wife Elizabeth, in lieu of dower, his house and lot in North Whitehall township, &c. to hold to her during her widowhood; .also, all his household goods; and he directed that certain hay, rye, wheat, &c. be furnished to her annually, at the…
1Opinion of the Court
The opinion of the court was delivered by
Rogers, J.
— I am unable to agree with the Orphans’ Court that the sale of the real estate amounts to a total revocation of the will, but to a revocation pro tanto only. There are no circumstances in evidence, from which it can reasonably be inferred that the testator intended a total revocation.
The testator devised his whole real estate to his two nephews, Stephen and Paul Balliet, burthened with the payment of $30,000 to his sister, and nephews, and nieces, and their issue. He moreover bequeathed to the same persons other real estate, all his bank…
2Cases cited4 opinions
- Coates v. HughesSupreme Court of Pennsylvania · 1811
- Skerrett v. BurdSupreme Court of Pennsylvania · 1836
- Jones v. HartleySupreme Court of Pennsylvania · 1837
- Livingston v. LivingstonNew York Court of Chancery · 1817
3Cited by17 opinions
- McFerren EstateSupreme Court of Pennsylvania · 1950
- Snyder's EstateSupreme Court of Pennsylvania · 1907
- Crawford's EstateSupreme Court of Pennsylvania · 1928
- In re the Will of MillerSupreme Court of Iowa · 1905
- Kramer v. KramerCourt of Appeals for the Fifth Circuit · 1912
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