South Mahoning TP. v. Marshall
Supreme Court of Pennsylvania
APPEAL BY RESPONDENTS PROM THE ORPHANS’ COURT OP INDIANA COUNTY. No. 81 October Term 1890, Sup. Ct.; court below, number and term not shown.
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APPEAL BY RESPONDENTS PROM THE ORPHANS’ COURT OP INDIANA COUNTY. No. 81 October Term 1890, Sup. Ct.; court below, number and term not shown. On September 2,1888, Henry Weaver and Isaac Good presented their petition to the Orphans’ Court, setting forth that they were the overseers of the poor of South Mahoning township, and had charge of one John Pringle, a pauper; that the said pauper’s maintenance was charged upon certain lands devised to David R. Pringle by the will of David Pringle, deceased, which lands by divers mesne conveyances had become vested in J. F. Marshall and A. G. Gallentine,…
1Opinion of the Court
OPINION,
Mr. Justice Mitchell :
The codicil, after appointing David guardian of John, as to the money that would come to him under the will, directs that John “ shall remain on said farm with my beloved wife and my son David who shall care for him in all his actual wants.” The fundamental question in the case is whether John’s support is charged upon the land.
There is no doubt of the testator’s expectation that his widow and David would continue to live together on the farm. This he provided for in his will, which makes no special mention of John, but includes all the children except David in…
2Cases cited2 opinions
- Steele's AppealSupreme Court of Pennsylvania · 1864
- David Hackadorn's AppealSupreme Court of Pennsylvania · 1849
3Cited by6 opinions
- Walters's EstateSupreme Court of Pennsylvania · 1901
- Estate of Stephen ClarkSuperior Court of Pennsylvania · 1930
- Conkle v. LaughlinSuperior Court of Pennsylvania · 1920
- Mengel's EstateSupreme Court of Pennsylvania · 1929
- Walters v. SteeleSuperior Court of Pennsylvania · 1899
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