Peirce v. Peirce
Supreme Court of Pennsylvania
Appeal, No. 297, Jan. T., 1899, by-plaintiff, from order of C. P. Chester Co., Jan T., 1899, No. 4, refusing to take off nonsuit in case of Cidney Y. Peirce, executrix and trustee of Joshua N. Peirce, deceased, v. Isabella E. Peirce.
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Appeal, No. 297, Jan. T., 1899, by-plaintiff, from order of C. P. Chester Co., Jan T., 1899, No. 4, refusing to take off nonsuit in case of Cidney Y. Peirce, executrix and trustee of Joshua N. Peirce, deceased, v. Isabella E. Peirce. Assumpsit by Cidney Y. Peirce, executrix and trustee of Joshua N. Peirce, to recover rent from Isabella E. Peirce, widow of the decedent for the occupancy of a residence in West Chester from April 1, 1893 to October 1, 1898. At the trial it appeared that Joshua N. Peirce died on April 11, 1892, leaving to survive him his widow, their minor child Elsie and two…
1Opinion of the Court
Opinion by
Mb. Chief Justice Gbeen,
It is perfectly clear that the joint bequest to the testator’s *420widow and daughter Elsie is a bequest of one third of the net rents and profits of all the testator’s real estate. They take no interest in the gross rents and profits. The testator takes especial pains to define what the net rents and profits are, which go to these two legatees, and how they are to be ascertained. He says in his will, “ That is, they to receive said one third, after the expenses of keeping in good repair of said real estate, and the expenses if any, of collecting the rents shall…
2Cases cited2 opinions
- Rankin v. RankinIllinois Supreme Court · 1865
- Parker's AppealSupreme Court of Pennsylvania · 1869
3Cited by3 opinions
- Bruner EstateSupreme Court of Pennsylvania · 1949
- Bruner EstateSupreme Court of Pennsylvania · 1950
- King v. MyersSuperior Court of Pennsylvania · 1915