Montgomery v. M'Elroy
Supreme Court of Pennsylvania
APPEAL from the decree of the Orphans’ Court of Cumberland county. This proceeding originated upon the petition of Alexander M’Elroy, assignee of Thomas Cook and Sarah his wife, to the Orphans’ Court, to compel the payment of a legacy to the said Sarah, given to her by the will of Alexander Scroggs, deceased, and alleged by the petitioner to be charged upon the lands of James Montgomery and David Brandt, the appellees.
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APPEAL from the decree of the Orphans’ Court of Cumberland county. This proceeding originated upon the petition of Alexander M’Elroy, assignee of Thomas Cook and Sarah his wife, to the Orphans’ Court, to compel the payment of a legacy to the said Sarah, given to her by the will of Alexander Scroggs, deceased, and alleged by the petitioner to be charged upon the lands of James Montgomery and David Brandt, the appellees. That part of the will of Alexander Scroggs, deceased, which is material to the subject, was as follows. The testator, after devising 50 acres off the south-west end of his farm…
1Opinion of the Court
The opinion of the Court was delivered by
Sergeant, J.
The first and most material question in this case, is, whether the legacy claimed by the plaintiff is a charge upon the land devised; for if it be not, then the proceedings in the Orphans’ Court, to recover it by a sale of the land, under the Act of February 1834, were irregular; and the proper remedy was by personal actions against the devisees. To make a legacy a charge upon land, it is necessary that it should be declared to be so by-express words, or that it may be inferred from the whole will that such was the intention of the…
2Cases cited3 opinions
- Lobach's CaseSupreme Court of Pennsylvania · 1837
- Montgomery v. CookSupreme Court of Pennsylvania · 1837
- Brandt's AppealSupreme Court of Pennsylvania · 1839
3Cited by11 opinions
- Gallagher's AppealSupreme Court of Pennsylvania · 1864
- Lacey v. CollinsSupreme Court of Iowa · 1907
- Morey v. MoreySupreme Court of Iowa · 1901
- Mellon's AppealSupreme Court of Pennsylvania · 1863
- Morgan v. MorganCourt of Chancery of Delaware · 1924
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