Legal Opinion

Witman v. Norton

Supreme Court of Pennsylvania

Decided July 30, 1814PublishedCited by 12 opinions

CASE. “ James Dutton on the 26th of November 1812, v 1 ' “ duly made and published his testament and will; “ sprout the will;) and on the 29th of December duly made “ and-executed a codicil thereto. (Prout codicil.) He died “ on the day of January 1813, and on the 13 th of “ January 1813, the said will and codicil were duly proved.

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CASE. “ James Dutton on the 26th of November 1812, v 1 ' “ duly made and published his testament and will; “ sprout the will;) and on the 29th of December duly made “ and-executed a codicil thereto. (Prout codicil.) He died “ on the day of January 1813, and on the 13 th of “ January 1813, the said will and codicil were duly proved. “ At the time of making the said will and codicil, the tes- “ tator was possessed of peinonal estate, and seized of real “ estate, but the personal estate was insufficient for the pay- “ ment of his debts, and of the legacies he bequeathed; and a at the time of his…

1Opinion of the Court

Tilghman C. J.

The question in this case is, whether the pecuniary legacies bequeathed by the will of James Dutton are a charge on his real estate? After giving several legacies, he devises as follows. “ As for and concerning “ all the rest, residue, and remainder of my estate, real and “ personal, whatsoever and wheresoever, not herein before “ otherwise disposed of, I do give, devise, and bequeath “ the same and every part and parcel thereof mito the cor- “ poration by the name of the Guardians of the Poor of the “ City of Philadelphia, &c.” I can conceive nothing more plain than the…

2Cases cited1 opinion

  1. Nichols v. PostlethwaiteSupreme Court of the United States · 1791

3Cited by12 opinions

  1. Lewis v. DarlingSupreme Court of the United States · 1854
  2. Ripple v. RippleSupreme Court of Pennsylvania · 1829
  3. Maybury v. GradySupreme Court of Alabama · 1880
  4. Bennett's EstateSupreme Court of Pennsylvania · 1892
  5. Dickerman v. EddingerSupreme Court of Pennsylvania · 1895

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