Legal Opinion

Welch's Appeal

Supreme Court of Pennsylvania

Decided July 1, 1857PublishedCited by 14 opinions

Appeal from the Orphans’ Court of Chester county. On the 14th March, 1854, John T. Irwin and Jane his wife presented their petition praying for a citation upon William Welch, executor of James Welch, deceased, to file an account of his administration of the estate.

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Appeal from the Orphans’ Court of Chester county. On the 14th March, 1854, John T. Irwin and Jane his wife presented their petition praying for a citation upon William Welch, executor of James Welch, deceased, to file an account of his administration of the estate. In obedience to the citation, William Welch filed an account in which he charged himself with $31.98-£, and claimed credit for the expenses of administration, $49; leaving a balance of $17.01 due him from the estate. Exceptions were filed to this account, and John P. Bailey, Esq., was appointed an auditor to examine and report upon…

1Opinion of the Court

The opinion of the court was delivered by

Lewis, C. J.

It is difficult to reconcile the decisions on specific and general legacies. But it is certain that in doubtful cases the law inclines against construing legacies as entirely specific. The general rule seems to be that where the legacy is so connected with the fund out of which it is payable, that the legacy and the fund are the same, it is specific; as if I bequeath to “ B. the money now owing to me from A.,” or “in the hands of A.,” “or the money due to me on the bond of A.,” the leacgy is specific. But when I bequeath a sum of money to…

2Cited by14 opinions

  1. Crawford's EstateSupreme Court of Pennsylvania · 1928
  2. Baldwin v. BaldwinCourt of Appeals of Maryland · 1930
  3. Mifflin's EstateSuperior Court of Pennsylvania · 1912
  4. Estate of StalnakerSupreme Court of Pennsylvania · 1984
  5. Stoever's EstateSuperior Court of Pennsylvania · 1911

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