Thompson v. M'Gaw
Supreme Court of Pennsylvania
ERROR to the district court of York county (Hayes, president). This was an action for a legacy by William M’Gaw against Alexander Thompson executor of Samuel M’Gaw. The will under which the legacy was claimed was proved in 1814; the executor settled his administration account in 1816, in which there was found a balance in his hands of 1524 dollars, with this memorandum, “ part not due.”
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ERROR to the district court of York county (Hayes, president). This was an action for a legacy by William M’Gaw against Alexander Thompson executor of Samuel M’Gaw. The will under which the legacy was claimed was proved in 1814; the executor settled his administration account in 1816, in which there was found a balance in his hands of 1524 dollars, with this memorandum, “ part not due.” This suit was brought to November term 1832. The pleas were nil debet and non assumpsit infra sex annos. On the trial, the defendant offered to prove that, the balance in his hands, upon the settlement of his…
1Opinion of the Court
The opinion of the Court was delivered by
Sergeant, J.
The plea of the statute of limitations to an ordinary action for a legacy is a novelty. It has long been a settled principle, that the statute does not apply in such case, and no decision to the contrary exists. In the ecclesiastical courts, which, in England, have had jurisdiction of personal legacies, a plea of the the statute has not been heard of; nor have the courts of common law interfered to coerce their reception of it. Chancery, which took cognizance of legacies when charged on land, or where the jurisdiction was incidental to some…
2Cases cited4 opinions
- Kane v. BloodgoodNew York Court of Chancery · 1823
- App v. DreisbachSupreme Court of Pennsylvania · 1830
- Summerville v. HollidaySupreme Court of Pennsylvania · 1833
- M'Fadden v. GeddisSupreme Court of Pennsylvania · 1828
3Cited by6 opinions
- De Haven v. BartholomewSupreme Court of Pennsylvania · 1868
- Etter v. GreenawaltSupreme Court of Pennsylvania · 1881
- Henry's EstateSuperior Court of Pennsylvania · 1905
- Hedges v. NorrisNew Jersey Court of Chancery · 1880
- Wickersham v. LeeSupreme Court of Pennsylvania · 1877
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