Roney v. Stiltz
Supreme Court of Pennsylvania
CASE STATED. Aw action was brought in this Court by John Roney, executor of the last will and testament of Barbara Odenheimer, deceased, against Michael Stiltz, and a case stated for the opinion of the Court as follows: “ Mrs. Barbara Odenheimer on the 22d of July, 1835, made her last will and testament, which was subsequently, to wit, on the 16th of December, 1837, (she having in the meantime died,) duly proved, when letters testamentary were granted to the plaintiff, one…
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CASE STATED. Aw action was brought in this Court by John Roney, executor of the last will and testament of Barbara Odenheimer, deceased, against Michael Stiltz, and a case stated for the opinion of the Court as follows: “ Mrs. Barbara Odenheimer on the 22d of July, 1835, made her last will and testament, which was subsequently, to wit, on the 16th of December, 1837, (she having in the meantime died,) duly proved, when letters testamentary were granted to the plaintiff, one of the executors, the other, (two having been appointed,) renouncing the executorship. The parts material of- the will…
1Opinion of the Court
The opinion of the Court was delivered by
Gibson, C. J.
-The defect in the ingenious argument of the counsel for the defendant is, that it rests on the very principle which the statute was enacted to abolish. We must forget that by the interpretation put on the British statute of wills, the words of a devisor were referable to the state of his real property at the date of the will; and we must cease to expound his meaning by his capacity to convey at that time. We must make him speak at the time of his death; and by that application of the words “ of and concerning the real estate whereof I am…
2Cited by3 opinions
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- Appeal of Fidelity Insurance Trust & Safe Deposit Co.Supreme Court of Pennsylvania · 1885
- Commonwealth v. HackettSupreme Court of Pennsylvania · 1883