Fox's Appeal
Supreme Court of Pennsylvania
Appeal from the Court of Common Pleas No. 3, of Phüadel/phia county: In Equity: Of January Term 1881, No. 186. Appeal of II. J. Fox, executor and trustee under the will of Elizabeth Sparks, deceased, from a decree of said court, restraining Mm from collecting the rents of a certain house and lot, and requiring Mm to deliver up to the complainants the muniments of title thereto in Ms possession.
Read the full summary
Appeal from the Court of Common Pleas No. 3, of Phüadel/phia county: In Equity: Of January Term 1881, No. 186. Appeal of II. J. Fox, executor and trustee under the will of Elizabeth Sparks, deceased, from a decree of said court, restraining Mm from collecting the rents of a certain house and lot, and requiring Mm to deliver up to the complainants the muniments of title thereto in Ms possession. Bill in equity, filed by Joseph Shallcross, and others, the nephews and nieces of Samuel A. Sparks, deceased, against Henry J. Fox, executor and trustee under the will of Elizabeth Sparks, widow of…
1Opinion of the CourtChief Justice Sharswood
Every will is to be construed from its four corners to arrive at the true intention of the testator. Decisions upon other wills may assist, but cannot contad the construction. The order in which devises are made in a will is rarely of much importance. The legacy to the testator’s wife’s niece of the interest of $1,000, “ the said sum to be placed on first bond , and mortgage well secured, the money to be given after my wife’s decease,” as well as the specific bequest of “ the old family clock to my eldest nephew or niece living ’’ — though subsequent in order to the devise of all his real and…
2Cases cited1 opinion
- Hambright's AppealSupreme Court of Pennsylvania · 1855
3Cited by33 opinions
- Estate of TysonSupreme Court of Pennsylvania · 1899
- Byrne's EstateSupreme Court of Pennsylvania · 1935
- Allen v. HirlingerSupreme Court of Pennsylvania · 1907
- Calder's EstateSupreme Court of Pennsylvania · 1941
- Chesnut v. ChesnutSupreme Court of Pennsylvania · 1930
28 more not listed; retrieve them via the Exa API.