Burt v. Herron
Supreme Court of Pennsylvania
Error to the District Court of Allegheny county: No. 150, to October and November Term 1869. This was an action of debt, to November Term 1867, by Charles S. and J. Burt against William A. Herron and others, executors, &c., of John Herron, deceased.
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Error to the District Court of Allegheny county: No. 150, to October and November Term 1869. This was an action of debt, to November Term 1867, by Charles S. and J. Burt against William A. Herron and others, executors, &c., of John Herron, deceased. The declaration was, that the firm of Herron Brothers was indebted, in April and November 1855, to the plaintiffs in the sum of $2201.79 on a dishonored note and money deposited by the plaintiffs with them, and that the deceased, by his will, duly proved, directed that all the debts of Herron Brothers should be paid; which the defendants, as…
1Opinion of the Court
The opinion of the court was delivered, January 3d 1871, by
Sbtarswood, J.
— It is undoubtedly true that where a testator makes an absolute devise or bequest, mere precatory words of desire or recommendation annexed will not in general convert the devisee or legatee into a trustee, unless indeed it appear affirmatively that they were intended to be imperative. The authorities, which are somewhat discordant, were fully examined in Pennock’s Estate, 8 Harris 268, and the rule of construction settled upon what seems to be -the most reasonable foundation. But the industry and learning of the able…
2Cases cited2 opinions
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- Daly v. DalyTennessee Supreme Court · 1919
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