Trustees of Jacobs v. Bull
Supreme Court of Pennsylvania
APPEAL from the circuit court of Lancaster county. These were two actions of assumpsit for money had and received, in which the facts were the same, and which were stated and agreed to be taken in the nature of a special verdict. In the first, Levi Bull and Molton C. Rogers, trustees of Coleman Jacobs, were plaintiffs; and Levi Bull, Wittiam Coleman and Molton C. Rogers were defendants.
Read the full summary
APPEAL from the circuit court of Lancaster county. These were two actions of assumpsit for money had and received, in which the facts were the same, and which were stated and agreed to be taken in the nature of a special verdict. In the first, Levi Bull and Molton C. Rogers, trustees of Coleman Jacobs, were plaintiffs; and Levi Bull, Wittiam Coleman and Molton C. Rogers were defendants. In the second, Samuel F. Jacobs by his guardian Mary Jacobs, was plaintiff; and Levi Bull, William Coleman and Molton C. Rogers were defendants. The facts were thus stated, and questions raised in the first…
1Opinion of the Court
The opinion of the Court was delivered by
Gibson, C. J.
A legacy to a child vested, but not charged on land, and payable with interest, by the terms of the will, at twenty-one, shall nevertheless be paid presently at the death of the child, should that event happen before the time of payment originally appointed. The rule is laid down in Mr Roper’s Treatise, vol. 1, p. 393, with references to the cases, but without a clear and precise exposition of the reason of it. The reason and the consequences, however, seem to be that, as the estate would not be increased by further postponement, interest…
2Cited by5 opinions
- Bowman's AppealSupreme Court of Pennsylvania · 1859
- Aston's EstateSupreme Court of Pennsylvania · 1840
- Stanley's AppealSupreme Court of Pennsylvania · 1848
- Parke's EstatePennsylvania Orphans' Court, Susquehanna County · 1933
- Watson's AppealSupreme Court of Pennsylvania · 1847