Martin v. Smith
Supreme Court of Pennsylvania
IN ERROR. THIS was a writ of error to the Common Pleas of Dauphin county. The defendant in error, who was the plaintiff below, married Elizabeth the daughter of William Robertson, to whom the bequest hereafter stated was made by her father; and upon her death, he took out letters of administration, and brought account render against Martin and Robertson, the executors of the "testator, to recover the legacy, agreably to the 1st section of the act of the 21st of March 1772. 1…
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IN ERROR. THIS was a writ of error to the Common Pleas of Dauphin county. The defendant in error, who was the plaintiff below, married Elizabeth the daughter of William Robertson, to whom the bequest hereafter stated was made by her father; and upon her death, he took out letters of administration, and brought account render against Martin and Robertson, the executors of the "testator, to recover the legacy, agreably to the 1st section of the act of the 21st of March 1772. 1 St. Laws 631. The summons was returned served as to Martin, and nihil habet as to Robertson; and the Narr in the common…
1Opinion of the Court
Tilghman C. J.
The first question in this case arises on. the will of William Robertson. The testator in the first place gives legacies of different amount to his ten children, after which he expresses himself as follows. “ Item. I will that if “ any of my legatees die without natural heir, that my be- “ queathments return into my family to whom they please; “ and further I allow my personal estate either by vendue “ or otherwise, and then what ready money is made, and “ likewise what bonds or notes is taken and made, shall be “ equally divided amongst my legatees by equal proportions “ at the…
2Cited by6 opinions
- Farr v. Trustees of the Grand Lodge of the Ancient Order of United WorkmenWisconsin Supreme Court · 1892
- Worden v. WorthingtonNew York Supreme Court · 1848
- Worden v. WorthingtonNew York Supreme Court · 1848
- Besore v. PotterSupreme Court of Pennsylvania · 1824
- Burghardt v. TurnerMassachusetts Supreme Judicial Court · 1832
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