Steele's Administrators v. Steele
Supreme Court of Pennsylvania
Error to the Common Pleas of Westmoreland county. Joseph Steele died in 1837, having devised a farm to each of his sons Joseph, Daniel, and James. And to his sons Eli and Absalom $658 each, payable when David became of age, and charged the legacies on his real estate. David became of age in February, 1843, and there was a meeting of the devisees and legatees in February, 1844, to make a final arrangement “ between those who got land and those who got money.”
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Error to the Common Pleas of Westmoreland county. Joseph Steele died in 1837, having devised a farm to each of his sons Joseph, Daniel, and James. And to his sons Eli and Absalom $658 each, payable when David became of age, and charged the legacies on his real estate. David became of age in February, 1843, and there was a meeting of the devisees and legatees in February, 1844, to make a final arrangement “ between those who got land and those who got money.” After they met a dispute arose whether the devisees were to pay equally or in proportion to the value of the land given to them…
1Opinion of the Court
*156The opinion of the Court was delivered by
Lowrie, J.
We think the plaintiff is too late in seeking the correction of this mistake. And he cannot excuse his delay on the ground that he did not discover it till recently; for he might have discovered it the next day after it was made if he had attended to it, and he ought then to have insisted on its correction. Here is nine years’ delay. But it is urged that he did not pay his share of the legacy until four or five years ago, and that he could not sue for a contribution until he had paid. Admit this, still the nonpayment was his own affair; he…
2Cited by9 opinions
- Bell, Secy. of Banking v. BradySupreme Court of Pennsylvania · 1943
- Ridgway's AccountSupreme Court of Pennsylvania · 1903
- Sullivan v. EllisCourt of Appeals for the Eighth Circuit · 1915
- McNeely v. Philadelphia National BankSupreme Court of Pennsylvania · 1934
- Barnes v. Pickett Hardware Co.Supreme Court of Pennsylvania · 1902
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