Tucker v. Hassenclever
Supreme Court of Pennsylvania
Case stated. Isaac Melcher, of Grseme Park, in Horsham township, in Montgomery county, esq. being seized of estate personal and real, made his last will and testament in the words following, dated 22d May 1788. “It is my will, that my just debts and funeral expences be “fully paid and satisfied by my executors hereafter named, as “soon after my decease as possible.
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Case stated. Isaac Melcher, of Grseme Park, in Horsham township, in Montgomery county, esq. being seized of estate personal and real, made his last will and testament in the words following, dated 22d May 1788. “It is my will, that my just debts and funeral expences be “fully paid and satisfied by my executors hereafter named, as “soon after my decease as possible. Item, I give and bequeath “to my niece' Maria Vanderen, the sum of 300I. money of “ Pennsylvania, to be paid her in gold and silver coin on the day of “her marriage, or arrival at lawful age, which ever shall first “ happen,…
1Opinion of the Court
The court continued the case under advisement until this term; Smith, J. observing, that from his own knowledge, the statement in the last case could not be correct, as to the testator’s having no personal estate.
And now this term, Shippen, C. J. pronounced the opinion of the court, that the testator certainly intended to charge his lands with the payment of the legacies, in case the personal estate ^should be deficient, and that the court had little doubt r*,00 on the point submitted to them upon the argument. *- ^
Judgment for the plaintiffs.
Vide 2 Bro. Ch. Ca. 94. 2 Ves. jr. 267. 3 Ves. jr.…
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