Gibson's Appeal
Supreme Court of Pennsylvania
This was an appeal by Thomas Gibson from the decree of the Orphans’ Court of Butler county ordering him to pay the sum of $30.78 presently, and the like sum annually, to Mary Denny, towards her maintenance. Thomas Denny, the father of Mary, died in 1841, having previously made his last will and testament, in which he devised to his sons John and Thomas respectively 74 acres of land, and to his son James 40 acres.
Read the full summary
This was an appeal by Thomas Gibson from the decree of the Orphans’ Court of Butler county ordering him to pay the sum of $30.78 presently, and the like sum annually, to Mary Denny, towards her maintenance. Thomas Denny, the father of Mary, died in 1841, having previously made his last will and testament, in which he devised to his sons John and Thomas respectively 74 acres of land, and to his son James 40 acres. And as to his daughter Mary, ordered that she should, “ in case of need, be supported in a comfortable manner of the proceeds of my (his) land, so long as she shall live.” The…
1Opinion of the Court
The opinion of the Court was delivered by
Black, J.
Testator devised lands to his sons, and as to his daughter Mary, ordered that she should, “ in' case of need, be supported in a comfortable manner of the proceeds of my land.” This is a proceeding in the Orphans’ Court, commenced by Mary against the present owner of part of the land, who claims under one of the devisees, to compel him to give her that share of her comfortable maintenance which is chargeable upon the land owned by him.
We have no doubt that the land is charged with this burden— directly charged; and we are equally clear that the…
2Cited by10 opinions
- Brotzman v. RiehlSupreme Court of Pennsylvania · 1888
- Walters's EstateSupreme Court of Pennsylvania · 1901
- Baylor's EstateSupreme Court of Pennsylvania · 1915
- Walters v. SteeleSuperior Court of Pennsylvania · 1899
- Gingrich's EstateSupreme Court of Pennsylvania · 1909
5 more not listed; retrieve them via the Exa API.