Koon's Appeal
Supreme Court of Pennsylvania
Appeal from the Orphans’ Court of Philadelphia county: Of January Term, 1886, No. 5. Appeal of Robert J. W. Koons and Robert J. Wright, from the decree of the said court, confirming the adjudication of the account of the Pennsylvania Company for Insurance on Lives and Granting Annuities, the administrator, of the estate of Joseph Wrigbt, deceased.
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Appeal from the Orphans’ Court of Philadelphia county: Of January Term, 1886, No. 5. Appeal of Robert J. W. Koons and Robert J. Wright, from the decree of the said court, confirming the adjudication of the account of the Pennsylvania Company for Insurance on Lives and Granting Annuities, the administrator, of the estate of Joseph Wrigbt, deceased. The following facts are taken from the adjudication of said account by Penrose, J. The testator died May 26th, 1858. By bis will, proved June 5th, 1858, he gave an annuity of $400 to bis wife, Hannah Wright, for life — directing that an ample fund…
1Opinion of the CourtJustice Green
The legacy of ten thousand dollars to the appellee was absolute, without any condition as to its payment, and no time of payment was expressed in the will which gave it. Literally', the case, as to the question of interest, comes directly within the words of the Act of 24th February', 1834, § 5Í, which provides that, “Legacies, if no time be limited for the payment thereof shall, in all cases, be deemed to be due and payable at the expiration of one year from the death of the testator.” This legislation supplies a testamentary intent and hence where it is claimed that a money' legacy shall…
2Cases cited1 opinion
- Huston's AppealsSupreme Court of Pennsylvania · 1840
3Cited by7 opinions
- Hermann's EstateSupreme Court of Pennsylvania · 1908
- Whiteside v. Washington Loan & Trust Co.Court of Appeals for the D.C. Circuit · 1937
- Eichelberger's EstateSupreme Court of Pennsylvania · 1895
- Estate of PhillipsPennsylvania Orphans' Court, Schuylkill County · 1890
- Estate of EichelbergerSuperior Court of Pennsylvania · 1898
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