Moore v. Smith
Supreme Court of Pennsylvania
ERROR to the common pleas of Perry county. Abraham Miller, administrator of John Moore, deceased, against Michael Smith and John Smith, executors of Michael Smith, deceased. This was an action of debt for a legacy, and brought to recover one hundred pounds bequeathed to the testator’s grandson, John Moore, who died after the testator, and before he arrived at the age of twenty-one years:—the question being whether the said legacy was vested or contingent.
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ERROR to the common pleas of Perry county. Abraham Miller, administrator of John Moore, deceased, against Michael Smith and John Smith, executors of Michael Smith, deceased. This was an action of debt for a legacy, and brought to recover one hundred pounds bequeathed to the testator’s grandson, John Moore, who died after the testator, and before he arrived at the age of twenty-one years:—the question being whether the said legacy was vested or contingent. The material part of the testator’s will is as follows: “As to such ' worldly estate wherewith it hath pleased God to bless me, I give and…
1Opinion of the Court
The opinion of the court was delivered by
Gibson, C. J.
The ruling principle of a case like this is, that where there is no' separate and antecedent gift which is independent of the direction and time for payment, the legacy is contingent; and it seems to be as well founded in reason, as’rules of interpretation usually are. Where a gift is only implied from a direction to pay, it is necessarily inseparable from the direction, and must partake of its quality; insomuch that if the one is future and contingent, so must the other be. The implication of the one is an accessory of the other, and it…
2Cited by51 opinions
- In Re Estate of BlakeCalifornia Supreme Court · 1910
- Groninger's EstateSupreme Court of Pennsylvania · 1920
- Feeney's EstateSupreme Court of Pennsylvania · 1928
- McCartney v. OsburnIllinois Supreme Court · 1886
- Lilley's EstateSupreme Court of Pennsylvania · 1922
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