Turbett v. Turbett
Supreme Court of Pennsylvania
Account render. Pleas, never bailiffs or receivers, and fully accounted. The action was brought under the act of assembly passed 21st March 1772, (Read’s Dig. 231) and was founded on the will of Samuel Turbett, dated 13th June 1796, wherein after directing that his debts should be paid by his executors, he devises as follows: “ Item, my property in Lancaster, I order to be sold at the “discretion of my executors, and the monies thence arising, I “order to be thus…
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Account render. Pleas, never bailiffs or receivers, and fully accounted. The action was brought under the act of assembly passed 21st March 1772, (Read’s Dig. 231) and was founded on the will of Samuel Turbett, dated 13th June 1796, wherein after directing that his debts should be paid by his executors, he devises as follows: “ Item, my property in Lancaster, I order to be sold at the “discretion of my executors, and the monies thence arising, I “order to be thus distributed: To my excellent friend Mrs. “Elizabeth Fulton 50I. ; to Kitty and Betsey Connor each 50I.; “to Dr. Murray 50I.; and,…
1Opinion of the Court
Sed per cur.
If the matter was to end in a special verdict, we should think the testimony idle and irrelevant. But if the jury are to determine the issues, surely it must be laid before them to assist them in ascertaining, whether these articles belonged to the plaintiff or not. With us the testimony has no weight.
An administration account exhibited into the register’s office at Lancaster on the 16th January 1801, and there settled, was offered in evidence, and excepted to by the plaintiff.
The court asked the counsel, if exclusive of the latent *ambiguity in the will, with respect to the words…
2Cases cited4 opinions
- Busby v. Busby, Pennsylvania Court of Common Pleas, Philadelphia County1787
- Campbell v. M'DonaldSupreme Court of Pennsylvania · 1840
- In re Barr's EstateSupreme Court of Pennsylvania · 1846
- Lewis's AppealSupreme Court of Pennsylvania · 1885
3Cited by8 opinions
- Fletcher v. HoblitzellSupreme Court of Pennsylvania · 1904
- Thornton v. MulquinneSupreme Court of Iowa · 1861
- Campbell v. M'DonaldSupreme Court of Pennsylvania · 1840
- App v. Lutheran CongregationSupreme Court of Pennsylvania · 1847
- In re Barr's EstateSupreme Court of Pennsylvania · 1846
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