Ingersoll's Appeal
Supreme Court of Pennsylvania
Appeal from the Court of Common Pleas, No. 2, of Philadelphia county: Of January Term 1876, No. 122. The bill in this case was filed by A. D. Campbell and wife, on behalf of the latter, against Charles Ingersoll and John M. Thomas, trustees under the will of Elizabeth Wilcocks.
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Appeal from the Court of Common Pleas, No. 2, of Philadelphia county: Of January Term 1876, No. 122. The bill in this case was filed by A. D. Campbell and wife, on behalf of the latter, against Charles Ingersoll and John M. Thomas, trustees under the will of Elizabeth Wilcocks. The bill avers that Elizabeth Wilcocks made her will on February 5th 1848, and subsequently two codicils thereto, the last of which was dated in 1862; that in 1863. she died unmarried; that in her will she made the following disposition:— “I give and bequeath and devise to Joseph R. Ingersoll and Charles Ingersoll,…
1Opinion of the CourtJustice Sharswood
Several important and interesting questions have been raised on this record, which we do not consider it necessary to discuss and decide, as we are of opinion that it appears upon the will of Elizabeth Wilcocks that by the words, “ die without issue,” she meant a failure of issue at a definite period, to wit, the death of both her nieces. Nothing certainly is better settled than that the intention of a testator, if not contrary to law, shall be carried out in the disposition he may make of his property after death. There are many things which he cannot do, however clearly he may intend it. He…
2Cases cited2 opinions
- Eichelberger v. BarnitzSupreme Court of Pennsylvania · 1840
- Seibert v. ButzSupreme Court of Pennsylvania · 1840
3Cited by4 opinions
- Morrison v. Truby, Pennsylvania Court of Common Pleas, Armstrong County1891
- Benefactor B. & L. Assn. v. LattaSuperior Court of Pennsylvania · 1932
- Holmes EstatePennsylvania Orphans' Court, Delaware County · 1949
- Jones v. Gulf Refining Co., Pennsylvania Court of Common Pleas, Philadelphia County1928