Legal Opinion

Hemphill v. Hurford

Supreme Court of Pennsylvania

Decided March 15, 1842PublishedCited by 1 opinion

THE following case was stated in an action brought in this court by Robert C. Hemphill, to the use of Thomas C. Rea, assignee, against Lewis Hurford, surviving executor of William Coleman, deceased.

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THE following case was stated in an action brought in this court by Robert C. Hemphill, to the use of Thomas C. Rea, assignee, against Lewis Hurford, surviving executor of William Coleman, deceased. This action is brought to recover #30,000, with interest, being the amount of the legacy mentioned in the following clause in the will of defendant’s testator, viz: “ I give and bequeath to my executors and the survivor of them, in trust for my nephew, Robert Coleman Hemphill, the sum of #30,000, to be by them invested for his use, and that of his legal representatives, either in real or personal…

1Opinion of the Court

The opinion of the Court was delivered by

Kennedy, J.

The question raised here was decided by this court in the case of Hamersley v. Smith, (4 Whart. 126). There the testator directed by his will, that the moneys which might be received by his executors from W. F.’s estate, towards the payment of a debt of f10,000, owing to him, should be invested by his executors in trust for the sole use and benefit of his granddaughter, M. F.; but if she should die before him, then he directed that the same should be paid to her daughter. M. F. survived the testator, as also her husband, and married a second…

2Cases cited1 opinion

  1. Hamersley v. SmithSupreme Court of Pennsylvania · 1839

3Cited by1 opinion

  1. Vaux v. ParkeSupreme Court of Pennsylvania · 1844

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