Costen's Appeal
Supreme Court of Pennsylvania
Error from tbe Orphans’ Court of Philadelphia. February 20, 21. — In 1793, Henry Reed, after giving certain legacies, devised all the rest, residue and remainder of his real and personal estate in manner following: One-fourth to his brother James, his heirs, &c.; one-fourth to his sons James and Henry, “ and the other like fourth part thereof unto my son Robert Reed, by Elizabeth Wise, his heirs,” &c.
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Error from tbe Orphans’ Court of Philadelphia. February 20, 21. — In 1793, Henry Reed, after giving certain legacies, devised all the rest, residue and remainder of his real and personal estate in manner following: One-fourth to his brother James, his heirs, &c.; one-fourth to his sons James and Henry, “ and the other like fourth part thereof unto my son Robert Reed, by Elizabeth Wise, his heirs,” &c. “And for the more speedy payment of the legacies aforesaid, and the more easy distribution of my estate among my residuary legatees and devisees, as aforesaid, I will and direct that all my…
1Opinion of the Court
*296The opinion of the court was delivered by
Coulter, J.
The party has three years to make his appeal to this court. The appeal was perfected in that time. The only question is, whether the recognizance, signed by the surety in blank, and delivered to the officer to fill up according to law> and fix the sum at discretion, and which was afterwards, within the three years, duly filled up by the officer, is in fact the deed of the surety. Of this there seems to be no reasonable doubt. Clerks of the Orphans’ Court, not only in this city but in many other parts of the commonwealth, are so much hurried…
2Cases cited2 opinions
- Sherban v. CommonwealthSupreme Court of Pennsylvania · 1839
- Bennet v. PaineSupreme Court of Pennsylvania · 1838
3Cited by2 opinions
- R. & B. Builders, Inc. v. Philadelphia School DistrictSupreme Court of Pennsylvania · 1964
- Estate of DuttonSupreme Court of Pennsylvania · 1897