Deihl v. King
Supreme Court of Pennsylvania
In Error. THE action in the Court below, was founded on a promisory note drawn by Daniel & Nicholas Deihl, in favour of Henry King, junr., for 481/. lli. 6d., and payable on the 1st June, 1814, with interest from the 1st May, 1814. J , , 1 the 19th September, 1814, it was assigned by the payee to Henry King, the intestate, whose administrators were the plaintiffs.
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In Error. THE action in the Court below, was founded on a promisory note drawn by Daniel & Nicholas Deihl, in favour of Henry King, junr., for 481/. lli. 6d., and payable on the 1st June, 1814, with interest from the 1st May, 1814. J , , 1 the 19th September, 1814, it was assigned by the payee to Henry King, the intestate, whose administrators were the plaintiffs. It appeared that the note was given in part pay-i r 1 V1 1 1 J TT ,g. . r , 1 / mentor a legacy bequeathed to Henry King, junr., by the will of Peter Deihl, whose executors the defendants were. The will was dated the 6th January,…
1Opinion of the Court
The opinion of the Court was delivered by
Duncan J.—On
the argument of this case, the only question raised was this ; is the limitation over of the legacy to Henry King,ixmr., a good one, or did it vest in him absolutely; .or in other words, was it to take effect after an indefinite *31failure of issue, or confined to a failure of issue on the death of the first taker ? The Court decided that it was indefinite and void ; and this opinion is now to be considered. It is unembarrassed with any difficulty as to the vexed question, whether limitations in the same will are to be construed differently…
2Cases cited4 opinions
- Anderson v. JacksonNew York Supreme Court · 1819
- Executors of Moffat v. StrongNew York Supreme Court · 1813
- Jackson ex dem. Staats v. StaatsNew York Supreme Court · 1814
- Scott v. PriceSupreme Court of Pennsylvania · 1815
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