Legal Opinion

Holliday v. Summerville

Supreme Court of Pennsylvania

Decided June 15, 1832Published

Error to the Common Pleas of Huntingdon County . In this action on the case, in the court below, James Summer-ville and Ruth his wife, were plaintiffs, and William Holliday, executor of William Holliday deceased, was defendant.

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Error to the Common Pleas of Huntingdon County . In this action on the case, in the court below, James Summer-ville and Ruth his wife, were plaintiffs, and William Holliday, executor of William Holliday deceased, was defendant. The plaintiff sought to recover a legacy, created by the following clause in the will of William Holliday, Sr. deceased: “It is my will, that my son William shall have the tract of land he now lives on, provided he pays to my other three children, viz: John, Ruth and Mary, three hundred pounds, to be paid in the following manner, 4’C.” The defendant was the executor of…

1Opinion of the Court

The opinion of the court was delivered by

Rogers, J.

The will was in support of the declaration on which the defendant had taken issue, and ought, for that reason, to have been submitted to the jury. Houston v. Moor, 3 Serg. & Rawle, 169, and in a case at Philadelphia, not yet reported.

William Holliday made his last will and testament, and among other things, devised as follows: “It is my will that my son William shall have the tract of land he now lives on, provided he pays to my other three children, viz: John, Ruth and Mary, three hundred pounds, to be paid in the following manner, one…

2Cases cited2 opinions

  1. Brown v. FurerSupreme Court of Pennsylvania · 1818
  2. Moore v. HoustonSupreme Court of Pennsylvania · 1817

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