Legal Opinion

Byrne v. Byrne

Supreme Court of Pennsylvania

Decided January 11, 1817PublishedCited by 2 opinions

CASE stated. Patrick Byrne, the testator, was, at the time of his death, indebted to the plaintiffs in the sum of three hundred and fifty pounds and upwards, Irish sterling, monies belonging to them in right of their mother, who was the testator’s first wife.

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CASE stated. Patrick Byrne, the testator, was, at the time of his death, indebted to the plaintiffs in the sum of three hundred and fifty pounds and upwards, Irish sterling, monies belonging to them in right of their mother, who was the testator’s first wife. On the 15th May, 1813, Patrick Byrne made his will, and about the 20th February, 1814, he died, leaving issue, Patrick Byrne jun. and Henry C. Byrne the plaintiff, children by his first wife, and two daughters by his second wife, who also survived him. At the time of the testator’s death, his son Patrick was separately indebted to him in…

1Opinion of the Court

Ye ates J.

It is indisputable, that the intention of a testator expressed in his will, and fairly collected therefrom, shall govern its construction. Courts of justice, in order to preserve uniformity of decision, and thereby give stability to property, have adopted certain legal principles, to which they will adhere in all proper cases. But it is obvious, that decisions upon wills, are less authoritative than in other instances, arising from the great variety of motives which influence different men, in the disposition of their property, and their manner of conveying their meaning.

A rule has…

2Cited by2 opinions

  1. Rickets v. LivingstonNew York Supreme Court · 1800
  2. Wright v. BrothertonSupreme Court of Pennsylvania · 1828

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