Whiteside's Appeal
Supreme Court of Pennsylvania
Appeal from the decree of the Orphans’ Court of Chester county. On the petition of James and Samuel McClenaghan, grandsons of Samuel Whiteside, deceased, a citation was awarded in January, 1858, to Samuel Whiteside, -Jr., executor and devisee of the land charged, to show cause why the Court should not decree payment of a legacy out of land devised to him by his father.
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Appeal from the decree of the Orphans’ Court of Chester county. On the petition of James and Samuel McClenaghan, grandsons of Samuel Whiteside, deceased, a citation was awarded in January, 1858, to Samuel Whiteside, -Jr., executor and devisee of the land charged, to show cause why the Court should not decree payment of a legacy out of land devised to him by his father. Samuel Whiteside, of Chester county in this state, made his will, dated March 13, 1840, and proved on 8th May, 1840, whevein, inter alia, he devised as follows: “ I do leave and bequeath to my son James Whiteside, $500,” “to be…
1Opinion of the Court
The opinion of the Court was delivered by
Black, G. J.
Here was a legacy of $500 to A., the testator's son, to be paid when called for without interest, and if not called for then to be paid to B. and 0., two grandsons, at any time after the death of A. At the date of the will A. was absent and had not been heard of for several years; and twelve years afterwards, the legacy still remaining unpaid, this proceeding was instituted by B. and C.-to recover it. The subject was referred to an auditor, who reported that A had not been heard' of since 1837, when he wrote from Arkansas to his relatives…
2Cited by12 opinions
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- Continental Life Ins. v. SearingCourt of Appeals for the Third Circuit · 1917
- Groner v. Supreme Tent of the Knights of the Maccabees of the WorldSupreme Court of Pennsylvania · 1919
- Francis v. FrancisSupreme Court of Pennsylvania · 1897
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