Strickler v. Sheaffer
Supreme Court of Pennsylvania
In error from the District Court of Lancaster. Hiestand, by his will, bequeathed to his wife a sum of money, “ rvhich shall remain in this property situate, &c., of which she shall receive the interest, payable quarterly.” He then devised the land at a valuation, part of which charge was given to the devisee,. part constituted the charge in favour of the widow, other portions were given to testator’s children,.and made payable out of the land, and a part was not disposed of.
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In error from the District Court of Lancaster. Hiestand, by his will, bequeathed to his wife a sum of money, “ rvhich shall remain in this property situate, &c., of which she shall receive the interest, payable quarterly.” He then devised the land at a valuation, part of which charge was given to the devisee,. part constituted the charge in favour of the widow, other portions were given to testator’s children,.and made payable out of the land, and a part was not disposed of. The widow having died, the question submitted to the court was, the right of a grandchild whose parent had died before…
1Opinion of the CourtCoulter, J.
This is an amicable action, as'it would appear, although not so stated on the paper-book, in the District Court, and a case stated to -recover a legacy charged upon and payable out of land. In the case of Craven v. Bleakney, 9 Watts, 19; and by the ease of Downer v. Downer, same book, page 60, it was ruled by this court, that the Orphan’s Court had exclusive jurisdiction in such eases, under the act of 24th Feb. 1834, sec. 59. After the decision of these causes, in the region of my experience and practice, the law was considered fully settled; and in the tenth district, Judge White,…
2Cases cited1 opinion
- Craven v. BleakneySupreme Court of Pennsylvania · 1839
3Cited by3 opinions
- Brotzman v. RiehlSupreme Court of Pennsylvania · 1888
- Weller's EstateSupreme Court of Pennsylvania · 1915
- Wingett v. BellSuperior Court of Pennsylvania · 1900