Legal Opinion

McGlaughlin's v. McGlauglin's Administrator

Supreme Court of Pennsylvania

Decided July 1, 1854PublishedCited by 4 opinions

ERROR to the Common Pleas of Washington county. Action for the amount of a legacy of personal property, &c., bequeathed to Ann McGrlaughlin by the will of Edward Mc-Grlaughlin. The matter in controversy appeared in the case stated, viz.:— Edward McGrlaughlin made his last will and testament on the 6th day of May, 1841, and died a few days afterwards. He died seised of certain real estate, and possessed of certain personal estate.

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ERROR to the Common Pleas of Washington county. Action for the amount of a legacy of personal property, &c., bequeathed to Ann McGrlaughlin by the will of Edward Mc-Grlaughlin. The matter in controversy appeared in the case stated, viz.:— Edward McGrlaughlin made his last will and testament on the 6th day of May, 1841, and died a few days afterwards. He died seised of certain real estate, and possessed of certain personal estate. His chattel property amounted to $286.30, and his choses in action to $582.07. The debts due by him at the time of his decease were $333.21. His funeral expenses…

1Opinion of the Court

The opinion of the Court was delivered by

Lowrie, J.

On a question of marshalling assets under a will, the residuary clauses necessarily furnish most important evidence of the intention of the testator; because they dispose of the surplus that remains after satisfying all the other directions of the will. On this account, it is very natural to presume that the testator intends to charge upon them all the deficiencies in the other portions of his estate in paying debts and legacies; and hence it is very generally decided that debts and legacies, not otherwise effectively or specially provided…

2Cases cited2 opinions

  1. Nichols v. PostlethwaiteSupreme Court of the United States · 1791
  2. Lessee of Miller v. WilsonSupreme Court of Pennsylvania · 1798

3Cited by4 opinions

  1. Balok EstateSuperior Court of Pennsylvania · 1942
  2. Estate of PittmanSupreme Court of Pennsylvania · 1897
  3. Mulligan's EstateSupreme Court of Pennsylvania · 1893
  4. Hickman's EstateSuperior Court of Pennsylvania · 1936

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