Commonwealth v. Barnitz
Supreme Court of Pennsylvania
ERROR to the common pleas of York county. This was an action of debt by the commonwealth, for the use of William Hymes, against Jacob Barnitz, founded upon an administration bond, in which the following facts were found: On the 21st day of December 1810, Francis Hymes made his last will and testament in writing, wherein he bequeathed, amongst others, as follows, viz-—“Item.
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ERROR to the common pleas of York county. This was an action of debt by the commonwealth, for the use of William Hymes, against Jacob Barnitz, founded upon an administration bond, in which the following facts were found: On the 21st day of December 1810, Francis Hymes made his last will and testament in writing, wherein he bequeathed, amongst others, as follows, viz-—“Item. I give to my daughter Salome the equal one sixth part of the remainder of my estate, in part of which I give unto her the house and part of the lot No. 201, &c., to be part of her legacy; the remainder that will be coming…
1Opinion of the Court
The opinion of the Court was delivered by
Kennedy, J.
This action is founded upon an administration bond, the condition of which is alleged to have been broken by the defendant in his having refused to pay over to William Hymes, for whose use this action was brought, a certain portion of the personal estate, late of Francis Hymes, deceased, bequeathed by him in his last will and testament to his executors' for the benefit of his daughter Salome. The bequest is couched in the following terms, to wit: “Item. I give to my daughter Salome the equal one-sixth part of the remainder of my estate, in…
2Cases cited2 opinions
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