Lobach's Case
Supreme Court of Pennsylvania
APPEAL from the decree of the court of common pleas of Cumberland county. The real estate of Peter Lobach, deceased, was sold by the sheriff for 3530 dollars, and the proceeds were brought into court for appropriation: they were claimed respectively by Joseph Taylor, the administrator de bonis non, with the will annexed of Andrew Lobach, deceased, by the judgment creditors of the said Peter Lobach, deceased, and by Gilbert Searight, under a voluntary assignment for the…
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APPEAL from the decree of the court of common pleas of Cumberland county. The real estate of Peter Lobach, deceased, was sold by the sheriff for 3530 dollars, and the proceeds were brought into court for appropriation: they were claimed respectively by Joseph Taylor, the administrator de bonis non, with the will annexed of Andrew Lobach, deceased, by the judgment creditors of the said Peter Lobach, deceased, and by Gilbert Searight, under a voluntary assignment for the benefit of his creditors, made by Peter Lobach, in his lifetime. The questions arose out of the construction of the will of…
1Opinion of the Court
The opinion of the Court was delivered by
Kennedy, J.
The court of common pleas seem to have considered the several devisees of the lands, under the will of Andrew Lobach, as exempt from all personal liability, to pay the moneys or legacies charged thereon; and accordingly to have made their decree upon the principle that the lands alone rvere liable for the payment thereof. In this, however, we think the cotut was mistaken; because it is evident from the whole tenor of the will, that the testator, not only intended to charge the several tracts of land with the amount of money directed by him…
2Cases cited11 opinions
- Hellman ex rel. Miltenberger v. HellmanSupreme Court of Pennsylvania · 1834
- Van Orden v. Van OrdenNew York Supreme Court · 1813
- Lessee of Burkart v. BucherSupreme Court of Pennsylvania · 1810
- Ruston's Executors v. RustonSupreme Court of the United States · 1796
- Galatian v. GardnerNew York Supreme Court · 1810
6 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Logan v. GlassSuperior Court of Pennsylvania · 1939
- Walls v. StewartSupreme Court of Pennsylvania · 1851
- Montgomery v. M'ElroySupreme Court of Pennsylvania · 1842
- Etter v. GreenawaltSupreme Court of Pennsylvania · 1881
- Fahrney v. HolsingerSupreme Court of Pennsylvania · 1870
11 more not listed; retrieve them via the Exa API.