Mickey's Appeal
Supreme Court of Pennsylvania
Appeal from the Orphans’ Court of Washington county. This was an appeal by William A. Mickey, executor of the last will and testament of Plesze Grim, deceased, from the decree of the Orphans’ Court, in the matter of the legacy bequeathed to the husband of testatrix. The will of Plesze Grim was proved some time in 1855, in which, among other bequests, there was the following:— “ Item.
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Appeal from the Orphans’ Court of Washington county. This was an appeal by William A. Mickey, executor of the last will and testament of Plesze Grim, deceased, from the decree of the Orphans’ Court, in the matter of the legacy bequeathed to the husband of testatrix. The will of Plesze Grim was proved some time in 1855, in which, among other bequests, there was the following:— “ Item. It is my will that my nephew, Simeon McCoy, shall have the house and lot on which I now reside, by paying to my beloved husband, John H. Grim, the sum of eighteen dollars per year, during my said husband’s…
1Opinion of the Court
The opinion of the court was delivered by
Thompson, J.
The bequest to John H. Grim by his wife was conditional. Its enjoyment was to depend upon two contingencies, viz., his remaining unmarried, and refraining from falling into “ drunkenness and revelry.” In case of a breach of either, “ then,” says the codicil, “his said interest is to cease, and my estate to be disposed of as above directed.”
This is a plain direction, taken in connection with a preceding provision in the will, that in case of forfeiture, the interest of the legatee should fall into the estate to be disposed of as directed *341by…
2Cases cited1 opinion
- Bennett v. RobinsonSupreme Court of Pennsylvania · 1840
3Cited by1 opinion
- McCrea EstatePennsylvania Orphans' Court, Philadelphia County · 1960