Wright v. Brotherton

The opinion of the court was delivered by

Smith, J.

— The plaintiffs claim, by and under the will of Conrad Fishburn, deceased, who, after having made his will, died in 1800, leaving six children, namely, Philip, Frederick, Conrad, Elizabeth, married to Benjamin Koony, Mary, married to John Wright,- the now plaintiff, and Barbara. After the death of the testator, Elizabeth Koony died, without issue. The principal point in this case,-arises on the following clauses in the said will, to wit:—

“The legacy coming to my daughter Elizabeth, intermarried unto Benjamin Koony, shall be lent out on…