Kreider v. Boyer
Supreme Court of Pennsylvania
ERROR to the common pleas of Union county. Joseph Klinger, administrator of Catharine Kreider, against Samuel Boyer, surviving executor of Leonard Boyer, deceased. This was an action on the case for the recovery of a legacy.
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ERROR to the common pleas of Union county. Joseph Klinger, administrator of Catharine Kreider, against Samuel Boyer, surviving executor of Leonard Boyer, deceased. This was an action on the case for the recovery of a legacy. On the Sth April 1812, Leonard Boyer made his last will and testament, by which, after making several specific beqiiests to his widow and others, he thus disposes of his estate: — " Item: All the rest and residue 'of my estate, after my just debts and funeral expenses be paid, I give and bequeath them in the following manner, to wit: unto thy sons, William, John Leonard,…
1Opinion of the Court
The opinion of the court was delivered by
Kennedy, J.
Where a parent makes a provision for a child by his will, and afterwards gives to such child a portion in marriage, if a daughter, or pays a sum of money for establishing him in the world, if a son, the legacy is held to be adeemed. Hartop v. Whitmore, 1 P. Wms. 681. And in'such cases parol evidence of the testator’s declarations is admissible to show that the advancement was intended either to be an assumption of the legacy or a satisfaction of it pro tanto. Accordingly in Bigleston v. Grubb, 2 Atk. 48; where a bill was brought for a legacy…
2Cases cited1 opinion
- Fink v. CoxNew York Supreme Court · 1820
3Cited by7 opinions
- Haverstock v. SarbachSupreme Court of Pennsylvania · 1841
- Jaques v. SwaseyMassachusetts Supreme Judicial Court · 1891
- Miller's AppealSupreme Court of Pennsylvania · 1861
- Bransford v. CrawfordSupreme Court of Georgia · 1874
- Irwin v. JohnsonSupreme Court of New Jersey · 1882
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