Gallagher v. Gallagher
Supreme Court of Pennsylvania
ERROR, to the common pleas of Westmoreland county. Thomas Gallagher and others, by their father and next friend, James Gallagher, against George Gallagher’s administrators and Thomas G. Stewart and others, by their father and next friend, James Stewart, against George Gallagher’s administrators.
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ERROR, to the common pleas of Westmoreland county. Thomas Gallagher and others, by their father and next friend, James Gallagher, against George Gallagher’s administrators and Thomas G. Stewart and others, by their father and next friend, James Stewart, against George Gallagher’s administrators. These were two actions of assumpsit, to recover legacies, in the last will and testament of Thomas Gallagher, deceased, in which the facts were the same, and, by consent, tried by the same jury. The plaintiffs, in support of the issues on their part, gave in evidence as follows, to wit: 1st. Will of…
1Opinion of the Court
The opinion of the Court was delivered by
Sergeant, J.
These suits were brought to recover legacies bequeathed to the plaintiffs respectively, by the will of Thomas Gallagher, deceased. It is contended by the defendants, that they are specific legacies, payable out of a debt which the testator claimed to be due to him from his brother George, for his assistance and attention to the mercantile business carried on by George; that in fact no such debt xvas due, and therefore, as the fund has failed, the legacies also failed, and the court ought to have instructed the jury to that effect: instead…
2Cited by2 opinions
- Bradford v. McConihayWest Virginia Supreme Court · 1879
- Malone v. MooringMississippi Supreme Court · 1866