Garret v. Rex
Supreme Court of Pennsylvania
ERROR to the common pleas of Lebanon comity. John Garret, administrator of Sophia Garret, against Abraham Rex, executor of Samuel Rex, who was executor of Jacob Umbehand.
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ERROR to the common pleas of Lebanon comity. John Garret, administrator of Sophia Garret, against Abraham Rex, executor of Samuel Rex, who was executor of Jacob Umbehand. The facts agreed upon and to be considered as if found by the verdict of a jury, in the nature of a special verdict, are as follows, viz: On the 13th of August 1811, Jacob Umbehand made his last will and testament in writing, which ivas duly proved, and letters testamentary were in due form of law issued to Samuel Rex. The said Jacob Umbehand died on the 20th of August 1811. That the said Jacob Umbehand died leaving a widow,…
1Opinion of the Court
The opinion of the Court was delivered by
Kennedy, J.
This case appears to fall within the rule laid down by Mr Roper in his work on Legacies, vol. 2, 331; that where the interest or produce of a legacy is given to, or in trust for a legatee, or for the separate use of such legatee, without limitation as to continuance, the principal will be considered as bequeathed also. The authorities referred to by Mr Roper in support of this rule seem to establish it beyond all doubt in England. And the cases of Hellman v. Hellman, 4 Rawle 450, and Schriver v. Cobeau, 4 Watts 130, show that it has been…
2Cases cited2 opinions
- Hellman ex rel. Miltenberger v. HellmanSupreme Court of Pennsylvania · 1834
- Schriver v. CobeauSupreme Court of Pennsylvania · 1835
3Cited by12 opinions
- Lockhart's EstateSupreme Court of Pennsylvania · 1932
- Scott's EstateSupreme Court of Pennsylvania · 1933
- Roberts's AppealSupreme Court of Pennsylvania · 1868
- Meetkirk's EstateSuperior Court of Pennsylvania · 1935
- Wellford v. SnyderSupreme Court of the United States · 1890
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