Williams's Appeal
Supreme Court of Pennsylvania
Appeal from the decree at Nisi Prius: No. 1, to July Term 1871. In Equity. The proceeding in this case was by a bill filed April 11th 1871, by The Library Company of Philadelphia, against Henry J. Williams. The questions in the case arose under the will of Dr. James Rush and its codicils.
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Appeal from the decree at Nisi Prius: No. 1, to July Term 1871. In Equity. The proceeding in this case was by a bill filed April 11th 1871, by The Library Company of Philadelphia, against Henry J. Williams. The questions in the case arose under the will of Dr. James Rush and its codicils. The will was dated February 26th 1860, and contained the following provisions: * * * “ It is my intention, by a codicil or codicils to this my will, to give considerable legacies, annuities, and devises to different persons, but as I desire to take some time for reflection on this subject, and as I have made…
1Opinion of the Court
The opinion of the court was delivered, May 17th 1873, by
Agnew, J.
This is not an ordinary proceeding. It is an endeavor to set aside a man’s solemn act, done in the exercise of his right of property, in his lifetime, when he had absolute power over his own estate. It is an effort also to declare his friend, the chosen agent to execute his purpose, invested with absolute discretion to this end, disqualified to perform his will, because at his earnest request this friend has adopted and followed the testator’s act. As a consequence, the bill seeks, on the ground of entire disqualification, to…
2Cases cited1 opinion
- Hoge v. HogeSupreme Court of Pennsylvania · 1832
3Cited by4 opinions
- Bailey's EstateSupreme Court of Pennsylvania · 1904
- Severns's EstateSupreme Court of Pennsylvania · 1905
- Hansen's EstateSupreme Court of Pennsylvania · 1942
- Saurmann's EstatePennsylvania Orphans' Court, Montgomery County · 1940