Legal Opinion

Marcy's Estate

Supreme Court of Pennsylvania

Decided July 1, 1853PublishedCited by 1 opinion

Appeal from the decree of the Orphans’ Court of Crawford county. The material question involved in this appeal, was the validity of the sale of the real estate of Bradford Marcy, deceased.

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Appeal from the decree of the Orphans’ Court of Crawford county. The material question involved in this appeal, was the validity of the sale of the real estate of Bradford Marcy, deceased. The Rev. Bradford Marcy, being possessed of certain personal estate and being the owner of 144 acres of land in Crawford county, by his last will and testament directed that all his debts and funeral expenses should be paid, as soon after his decease as possible, out of the first money that should come into Ms executor’s hands from his personal estate, and then devised as follows: “ I give, devise, and…

1Opinion of the Court

The opinion of the Court was delivered by

Lewis, J.

It is clear that the “support” of his widow “in a comfortable manner during her natural life” was the object nearest the testator’s heart. The'estate is devised to her for that purpose. “ Whatever 'may remain” after making the provision for her, is all that is given for the charitable uses named in the will. It has long been a settled rule in the construction of wills, that where legacies are given in the first place, a devise of the “ rest and residue” of real and personal estate creates a charge upon the real estate in favor of the legatees:…

2Cases cited1 opinion

  1. Nichols v. PostlethwaiteSupreme Court of the United States · 1791

3Cited by1 opinion

  1. Hunsicker's EstateSuperior Court of Pennsylvania · 1915

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