Bank v. Donaldson
Supreme Court of Pennsylvania
ERROR to the Common Rleas of Union county. William Donaldson and Anna Maria, his wife, against the West Branch Bank and the Bank of Pennsylvania. Mary Bradford against the same; Sarah Jane Bradford against the same.; ,and David Barnite and wife against the same. These were several issues directed by the court to try the right to the proceeds of the sale of the real estate of John H. Cowden.
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ERROR to the Common Rleas of Union county. William Donaldson and Anna Maria, his wife, against the West Branch Bank and the Bank of Pennsylvania. Mary Bradford against the same; Sarah Jane Bradford against the same.; ,and David Barnite and wife against the same. These were several issues directed by the court to try the right to the proceeds of the sale of the real estate of John H. Cowden. John Cowden died, having first made his will, which was proved on the 16th January 1837, as follows:— “ The last will and testament of John Cowden, of the town of Northumberland, in the county of…
1Opinion of the Court
The opinion of the Court was delivered by
Sergeant, J.
We are of opinion that there is no error in the decision of the court below that the legacies were a charge upon the lands, and payable in the manner pointed out by them.
But we are of opinion that the court erred in that part of the charge which relates to the legacy claimed by William Donaldson, and his transactions with John H. Cowden in taking from him the property and assets of the estate. The court ought to have charged the jury expressly that these transactions constituted a *414devastavit on the part of the executor, to which William…
2Cited by2 opinions
- Swanger v. SnyderSupreme Court of Pennsylvania · 1865
- Rector of Trinity Church v. Watson & Patterson ex rel. PattersonSupreme Court of Pennsylvania · 1865