Heisse v. Markland
Supreme Court of Pennsylvania
Case stated for the opinion of this court. Frederick Heisse, by his last will and testament, dated January 3d, 1S16, among other provisions, directed as follows, viz.— “Item, I give and bequeath to my sons-in-law, John Markland and Robert Morrel, the sum of twenty-thousand dollars, in trust, nevertheless, to place out, and continue the same from time to time, at interest, on good landed security, or invest the same in bank or other stock, and receive the interest thereof,…
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Case stated for the opinion of this court. Frederick Heisse, by his last will and testament, dated January 3d, 1S16, among other provisions, directed as follows, viz.— “Item, I give and bequeath to my sons-in-law, John Markland and Robert Morrel, the sum of twenty-thousand dollars, in trust, nevertheless, to place out, and continue the same from time to time, at interest, on good landed security, or invest the same in bank or other stock, and receive the interest thereof, and apply the same for the support and education of all the children of my son, Henry, born, and to be born, during their…
1Opinion of the Court
The opinion of the court was delivered by
Gibson, C. J.
— In Ellison v. Airey, 1 Ves. 111, it Was held, that where a legacy is to be distributed among a number, not named; but described in general terms, all Who answer the description at the appointed time of distribution, shall take in exclusion of those who may happen to answer it afterwards. Accordingly, it has since been determined in a train of cases,* not authority here, it is true, but nevertheless, founded in reason and necessity, that in case of a bequest to the children of a person named, as they respectively attain the age of…
2Cited by10 opinions
- Earle EstateSupreme Court of Pennsylvania · 1951
- Thomas v. ThomasSupreme Court of Missouri · 1899
- In re DouganSupreme Court of Georgia · 1913
- Smith's Estate v. Commissioner of Internal RevenueCourt of Appeals for the Third Circuit · 1944
- Austin's EstateSupreme Court of Pennsylvania · 1934
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