Legal Opinion

Case of Todd's Will

Supreme Court of Pennsylvania

Decided September 15, 1841PublishedCited by 15 opinions

APPEAL from the Register’s Court of Westmoreland county, which sustained the caveat, and rejected the paper offered as the last will and testament of George Todd deceased, which was as follows: “ Stewartsville, 25th of May 1840. “ To Benjamin Byerly, Esq.

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APPEAL from the Register’s Court of Westmoreland county, which sustained the caveat, and rejected the paper offered as the last will and testament of George Todd deceased, which was as follows: “ Stewartsville, 25th of May 1840. “ To Benjamin Byerly, Esq. “ My wish, desire, and intention, now is, that if I should not return, (which I will, no preventing Providence,) what I own shall be divided as follows: $100 to my father, together with my bookcase and one silver watch with the initials of my name on it, if I own it; if not, the best that I own, if I have any. My mother gets my horse,…

1Opinion of the Court

The opinion of the Court was delivered by

Gibson, C. J.

No text-writer seems to have distinguished between a condition attached to a particular testamentary disposition, and a condition attached to the operation of the instrument. But in Parsons v. Lanoe, (1 Vez. Sr. 191), Lord Hardwicke said without hesitation that he would not require an authority for such a distinction, and that a paper subject to a condition ought not to be admitted to probate after failure of the contingency on the happening of which it was to have taken effect. Why should it be proved as a will, when it could not have the…

2Cited by15 opinions

  1. Eaton v. BrownSupreme Court of the United States · 1904
  2. Clarke v. RansomCalifornia Supreme Court · 1875
  3. Davis's EstateSupreme Court of Pennsylvania · 1922
  4. Phelps v. AshtonTexas Supreme Court · 1867
  5. French v. FrenchWest Virginia Supreme Court · 1877

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