Musselman's Estate
Supreme Court of Pennsylvania
APPEAL from the decree of the orphans’ court of Cumberland county. Jacob Musselman the testator had several children, of whom Marjr Spotswood was one. In his lifetime he kept a book in which he charged each of his children with all advancements made to them.
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APPEAL from the decree of the orphans’ court of Cumberland county. Jacob Musselman the testator had several children, of whom Marjr Spotswood was one. In his lifetime he kept a book in which he charged each of his children with all advancements made to them. In 1821, Lindsay Spotswood, the husband of Mary Spotswood, was likely to fail, and Jacob Musselman and he had a settlement of all accounts which existed between them, including a note due by Musselman to Spotswood and moneys advanced at different times by Musselman to Spotswood, with which he and his wife had not been charged as…
1Per curiam
The ruling purpose of the testator was to produce equality of distribution. He declares that " each child or grandchildren (the children of a deceased child) shall receive as much as shall make it, or them, equal to that one of the seven which has received most.” Particular expressions that would stand in the way of this, are to be construed in subordination to it, or disregarded. The words, “ so much as at my death shall stand charged,” were not intended to give effect to an unfounded charge that would defeat his proclaimed intent. "He was providing for actual circumstances not merely as…
2Cited by6 opinions
- Harris v. Harris's EstateSupreme Court of Vermont · 1909
- Whitman v. HapgoodMassachusetts Supreme Judicial Court · 1813
- Jaques v. SwaseyMassachusetts Supreme Judicial Court · 1891
- In re the appeal of MooreNew Jersey Superior Court Appellate Division · 1900
- Tompkins v. LearMissouri Court of Appeals · 1910
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