Legal Opinion

Masden's Estate

Supreme Court of Pennsylvania

Decided April 16, 1839PublishedCited by 6 opinions

APPEAL. This was an appeal from a decree of the Orphans’ Court for the County of Philadelphia, made in the matter of the accounts of William Kirkham and Charles Roberts, executors of the last will and testament of Benjamin Masden, deceased. The question determined by the Court, in this case, arose upon the true construction of the will of the testator, and of the codicil thereto, both of which it is necessary to insert at length.

Read the full summary

APPEAL. This was an appeal from a decree of the Orphans’ Court for the County of Philadelphia, made in the matter of the accounts of William Kirkham and Charles Roberts, executors of the last will and testament of Benjamin Masden, deceased. The question determined by the Court, in this case, arose upon the true construction of the will of the testator, and of the codicil thereto, both of which it is necessary to insert at length. “Beit remembered, That I Benjamin Masden, of the city of Philadelphia, gentleman, being of sound mind and memory, do hereby make my last will and testament, in…

1Opinion of the Court

The opinion of the Court was delivered by

Sergeant, J. —

Jt has long been an established rule, that provisions disposing of the shares of devisees and legatees, dying before a given period, do not proprio vigore exend to shares accruing under that disposition. As where a man gives a sum to be divided amongst four persons, tenants in common, and declares that if one (or rather if any) of them die before twenty-one or marriage, it shall survive to the others. If one dies and three are living, the share of that one so dying, will survive to the other three: but if a second dies, nothing will…

2Cited by6 opinions

  1. Goodin's EstateSupreme Court of Pennsylvania · 1937
  2. Stille's EstateSuperior Court of Pennsylvania · 1918
  3. Mullen's EstateSupreme Court of Pennsylvania · 1921
  4. Theological Seminary v. WallSupreme Court of Pennsylvania · 1863
  5. Goodin's EstatePennsylvania Orphans' Court, Philadelphia County · 1936

1 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API