Gibbons v. Woodward
Supreme Court of Pennsylvania
Error to Common Pleas of Eayette County. The facts of the case are set forth in the opinion of the Common Pleas entering judgment in favor of the plaintiff on a reserved point, which was delivered December 22, 1882, as follows, per Wilson, P. J.: This is an action brought by John Woodward against Isaac W. Aiasters and Elisha P. Gibbons, executor of the last will and testament of Hannah Masters, deceased. The former not being served, trial was had as to the executor alone.
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Error to Common Pleas of Eayette County. The facts of the case are set forth in the opinion of the Common Pleas entering judgment in favor of the plaintiff on a reserved point, which was delivered December 22, 1882, as follows, per Wilson, P. J.: This is an action brought by John Woodward against Isaac W. Aiasters and Elisha P. Gibbons, executor of the last will and testament of Hannah Masters, deceased. The former not being served, trial was had as to the executor alone. Suit was brought upon a note under seal, dated the 15th of July, 1860, and signed by Isaac AY. Masters and Hannah Masters,…
1Opinion of the Court
The Supreme Court affirmed the judgment of the Common 'Pleas on February 18th, 1884, in the following opinion,
2Per curiam
There was no error in entering judgment in favor of the defendant in error on the point of law reserved. The language of Mrs. Master’s will sufficiently rebuts any presumption that by the legacy to him she intended to extinguish the debt which she and her son Isaac owed him. She first directs all her debts to be paid. After this is done, then she gives a legacy to him and one to Isaac, and directs the money to pay them shall be made out of the sale of her real estate on which she…
3Cited by1 opinion
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