Gallagher's Appeal
Supreme Court of Pennsylvania
Appeal from the Common Pleas of Armstrong county. This was.an appeal by Jane Gallagher, from the decree of the court below distributing the proceeds of the sheriff’s sale of the real estate of Joseph Gallagher.
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Appeal from the Common Pleas of Armstrong county. This was.an appeal by Jane Gallagher, from the decree of the court below distributing the proceeds of the sheriff’s sale of the real estate of Joseph Gallagher. The case was this: — Anthony Gallagher, father of Jane, made his will, dated 20th August 1858, and died in April 1856. The will was proved and registered 18th April 1856, and contained the following bequest: “ I bequeath and devise to my daughter Jane Gallagher two hundred dollars, to be paid by my son Joseph Gallagher within one year after my decease. One hundred thereof in money, and…
1Opinion of the Court
The opinion of the court was delivered by
Woodward, C. J.
— When does a testator make the pecuniary legacies of his will a charge upon the land he devises ?
It would be easy to answer, when he manifests an intention to do so by express language. But it often happens that there is no express charge, and language which the testator directed to other objects has to be so construed as to get at his presumed intention upon this particular point. The most important of the English cases under this head will be found collected in 2 Jarm. on Wills 378, et seq.; without discussing our own cases, I content…
2Cases cited3 opinions
- Ripple v. RippleSupreme Court of Pennsylvania · 1829
- Montgomery v. M'ElroySupreme Court of Pennsylvania · 1842
- Dewitt v. EldredSupreme Court of Pennsylvania · 1842
3Cited by7 opinions
- Robinson, Ex'r. C. v. . McIver and OthersSupreme Court of North Carolina · 1869
- Estate of PittmanSupreme Court of Pennsylvania · 1897
- Bennett's EstateSupreme Court of Pennsylvania · 1892
- Markley's EstateSupreme Court of Pennsylvania · 1892
- Fetter EstateSuperior Court of Pennsylvania · 1942
2 more not listed; retrieve them via the Exa API.