Campbell v. M'Donald
Supreme Court of Pennsylvania
WRIT of error to the common pleas of Washington county. This was an action of assumpsit, brought by William Campbell, and Jane his wife, late Jane Walker, the plaiutiffs in error, against Edward M’Donald and William Berry, executors of the last will and testament of Andrew Walker, deceased, to recover a legacy claimed under said will.
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WRIT of error to the common pleas of Washington county. This was an action of assumpsit, brought by William Campbell, and Jane his wife, late Jane Walker, the plaiutiffs in error, against Edward M’Donald and William Berry, executors of the last will and testament of Andrew Walker, deceased, to recover a legacy claimed under said will. A case was stated, in the nature of a special verdict, by the counsel of the parties, for the opinion of the court, on which the court rendered a judgment for the defendants. By the case, as stated, it appears that Andrew Walker, the testator, late of Washington…
1Opinion of the Court
The opinion of’ the court was delivered by
Kennejdx, J.
It is difficult, if not impossible, to raise a doubt as to what was the intention of the testator in this case. It is plain that he intended to make the six children of his brother Hugh, the objects of his bounty, only upon condition that they should appear in their proper persons, respectively, in the county where he resided at the time of making his will, and make proof of their identity, within six years after his death; otherwise, they were not to have any part of his estate. It is also pretty evident that their arrival in the county…
2Cases cited3 opinions
- Lessee of Findlay v. RiddleSupreme Court of Pennsylvania · 1810
- Turbett v. TurbettSupreme Court of Pennsylvania · 1801
- Lessee of Lynn v. DownesSupreme Court of Pennsylvania · 1795
3Cited by10 opinions
- Lindsey v. LindseyIndiana Supreme Court · 1874
- Adams v. JohnsonSupreme Court of Pennsylvania · 1910
- Caw v. . RobertsonNew York Court of Appeals · 1851
- Goff v. PensenhaferIllinois Supreme Court · 1901
- Turbett v. TurbettSupreme Court of Pennsylvania · 1801
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