Hamersley v. Smith
Supreme Court of Pennsylvania
CASE STATED. An amicable action was instituted in this Court by Sylvanus Hamersley and Maria his wife, late Maria Francis, for the use of Rebecca H. Willing, trustee of Mrs. Maria Hamersley, against James S. Smith, Esquire, and Henry Hollingsworth, executors of the will of Dr. Robert Blackwell, deceased ; and by agreement of counsel, a case was stated as follows, which was to be considered in the nature of a special verdict, viz: — ■ “ The late Dr. Robert Blackwell made and…
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CASE STATED. An amicable action was instituted in this Court by Sylvanus Hamersley and Maria his wife, late Maria Francis, for the use of Rebecca H. Willing, trustee of Mrs. Maria Hamersley, against James S. Smith, Esquire, and Henry Hollingsworth, executors of the will of Dr. Robert Blackwell, deceased ; and by agreement of counsel, a case was stated as follows, which was to be considered in the nature of a special verdict, viz: — ■ “ The late Dr. Robert Blackwell made and executed his last will and testament in due form of law, bearing date March 26th, 1828, and duly proved on the 19th of…
1Opinion of the Court
The opinion of the Court was delivered by
Gibson, J. C.
— The point in contest was virtually decided in Massey v. Parker, (2 Mylne & Keene, 174,) when it was settled that a restriction attempted by a gift to the separate use of an unmarried woman, is an impracticable one; and that it has no force to prevent her from giving the property to a husband by the act of marriage, or disposing of it in the interim. The principle has its root in Brandon v. Robinson, (18 Ves. 492,) where it was held, that though property may be so limited as to cease or go over on the happening of a contingency; yet that…
2Cited by9 opinions
- Estate of QuinPennsylvania Orphans' Court, Philadelphia County · 1891
- Vaux v. ParkeSupreme Court of Pennsylvania · 1844
- Appeal of NealeSupreme Court of Pennsylvania · 1883
- Smith v. StarrSupreme Court of Pennsylvania · 1838
- Freyvogle v. HughesSupreme Court of Pennsylvania · 1868
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