Bennett v. Morris
Supreme Court of Pennsylvania
This was a case stated for the opinion of the Court. Both parties claimed under the will of Rickard Whitman, the maternal grandfather of the plaintiff; which as far as it was material to the ease, is as follows : “ I leave and bequeath my only daughter, Charlotte, my house and land I now possess, and likewise any thing that is coming to me of my father’s estate, let it be more or less. I leave it to my said daughter to be hers when she comes of age.
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This was a case stated for the opinion of the Court. Both parties claimed under the will of Rickard Whitman, the maternal grandfather of the plaintiff; which as far as it was material to the ease, is as follows : “ I leave and bequeath my only daughter, Charlotte, my house and land I now possess, and likewise any thing that is coming to me of my father’s estate, let it be more or less. I leave it to my said daughter to be hers when she comes of age. And likewise I leave my Brother Nathan to be my whole and sole executor of my estate, and to act for my daughter in rectifying my effects, &c.;…
1Opinion of the Court
The opinion of the Court was now delivered by
Kennedy, J.,
who after stating the will and facts proceeded:— It is proper in the outset to inquire what estate Charlotte took under the will; and this will depend upon what was the intention of the testator, which is to be collected from the words of the will itself. Having once discovered his intention, it will be the duty of the Court to carry it into effect by their construction of the will, unless found to be repugnant to, or inconsistent with some ■established principle or rule of law.- By the terms of the will,1 the devise of the land to the…
2Cases cited2 opinions
- M'Kee's Leffee v. PfoutSupreme Court of the United States · 1798
- Larabee v. LarabeeSupreme Court of Connecticut · 1793
3Cited by28 opinions
- United States v. SalasCourt of Appeals for the Tenth Circuit · 2018
- Archer v. JacobsSupreme Court of Iowa · 1904
- Succession of SaloySupreme Court of Louisiana · 1892
- United States v. Dennis J. MurrayCourt of Appeals for the Fifth Circuit · 1993
- Schwalk's Adm'r v. City of LouisvilleCourt of Appeals of Kentucky · 1909
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