Swoope's Appeal
Supreme Court of Pennsylvania
Appeal from the decree of the 'Orphans’ Court of Blair county. This is a proceeding in the Orphans’ Court by Sarah Montgomery, to enforce the payment of a legacy given to her by the. last will and testament of her father, Francis Smith, deceased.
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Appeal from the decree of the 'Orphans’ Court of Blair county. This is a proceeding in the Orphans’ Court by Sarah Montgomery, to enforce the payment of a legacy given to her by the. last will and testament of her father, Francis Smith, deceased. The will of Francis Smith contains the following provision, viz.: —“ I give and bequeath to my son, John Smith, my farm or plantation of land, situated in said township of Allegheny, together with all the improvements, tan-yard, stock in tan-yard, tools and appurtenances, houses, barns, rights, and privileges, unto my said son, John Smith, and to his…
1Opinion of the Court
The opinion of the Court was delivered by
Woodward, J.
That the legacy in question was charged upon *61the land devised by Francis Smith to his son John, results by the most necessary implication from the terms of the will. He “ yielding and paying thereout” are the terms in which rent is usually reserved, and indicate, indubitably, the intention of the testator to charge the legacies on the land. It is suggested that there is a blending of personal property with the real in the devise. Be it so. In Hackadorn’s Appeal, 1 Jones 89, it was admitted that where the real and personal estates are…
2Cited by9 opinions
- Hammond's EstateSupreme Court of Pennsylvania · 1900
- Wingett v. BellSuperior Court of Pennsylvania · 1900
- Alexander's EstateSuperior Court of Pennsylvania · 1924
- Peters's EstateSuperior Court of Pennsylvania · 1901
- Benson's EstateSupreme Court of Pennsylvania · 1904
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