Legal Opinion

Clery's Appeal

Supreme Court of Pennsylvania

Decided July 1, 1860PublishedCited by 4 opinions

Appeal from the Orphans’ Court of Philadelphia. This was an appeal by Edward D. Clery from the decree of the court below, confirming the sale of the real estate of James Banford, deceased, for the payment of legacies.

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Appeal from the Orphans’ Court of Philadelphia. This was an appeal by Edward D. Clery from the decree of the court below, confirming the sale of the real estate of James Banford, deceased, for the payment of legacies. James Banford, by his last will, dated the 8th November 1847, devised to his wife, Martha Banford, all his real estate, during the term of her natural life; he then devised to Rebecca Campbell and her son James, for ever, after the decease of his wife, a house and lot of ground in Harmony street, Philadelphia; he then bequeathed various pecuniary legacies to different…

1Opinion of the Court

The opinion of the court was delivered by

Thompson, J.

Were the legacies in the will of James Ban-ford, deceased, intended to be a charge on and payable out of his real estate ? The point taken, that the purchaser at the sale by order of the Orphans’ Court could not resist a confirmation on the ground of defective title, was waived by the appellee for the purpose of reaching a decision on the question stated; for if that is susceptible of an affirmative answer, there is no ground for this last position.

In the investigation of this question, and as aiding in discovering the intent of the…

2Cited by4 opinions

  1. Estate of DuvallPennsylvania Orphans' Court, Washington County · 1892
  2. Hershey's EstateSuperior Court of Pennsylvania · 1902
  3. Lagomarsino's EstatePennsylvania Orphans' Court, Philadelphia County · 1923
  4. Rutt's EstateSuperior Court of Pennsylvania · 1908

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