Gallagher's Estate
Supreme Court of Pennsylvania
Appeal from the Orphans’ Court of Juniata county: No. 45, to May Term 1874. In the distribution of the estate of Robert O. Gallagher, deceased. The decedent made a will, dated March 13th 1872. He died April 1st 1872. He gave legacies of money and goods to his wife absolutely, and certain real estate for her life. He directed his real estate to be sold after her death, and out of the proceeds he gave a number of legacies.
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Appeal from the Orphans’ Court of Juniata county: No. 45, to May Term 1874. In the distribution of the estate of Robert O. Gallagher, deceased. The decedent made a will, dated March 13th 1872. He died April 1st 1872. He gave legacies of money and goods to his wife absolutely, and certain real estate for her life. He directed his real estate to be sold after her death, and out of the proceeds he gave a number of legacies. He then made this bequest:— “ I give and bequeath unto Seth Zeigler the sum of $1000, which is to be in full settlement of all accounts. I also give and bequeath unto him,…
1Opinion of the CourtJustice Sharswood
It may be conceded that the bequest to Seth Zeigler of the interest of the Sulouff mortgage during his natural life, was a specific and not a demonstrative legacy. In the view which we take of the case, it is quite immaterial. The estate was amply *299sufficient, after discharging all legal claims paramount to the will, including the claim of the widow under the intestate laws, to pay-all the legacies given in the will — general or specific. It is very clear that the residuary legatees can take nothing until all these prior claims are discharged. “All the rest and residue of my estate not…
2Cited by14 opinions
- Lonergan's EstateSupreme Court of Pennsylvania · 1931
- Estate of VanceSupreme Court of Pennsylvania · 1891
- Marriott v. MarriottCourt of Appeals of Maryland · 1939
- Kilpatrick EstateSupreme Court of Pennsylvania · 1951
- Wyllner's EstateSuperior Court of Pennsylvania · 1917
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