Walls v. Stewart
Supreme Court of Pennsylvania
Error to the Common Pleas of Huntingdon county, John Walls, being the owner of three farms, made his will on the 18th day of July 1844, wherein and whereby he devised one of these farms to his son Hli, his heirs and assigns for ever; subject nevertheless to, and charged and chargeable with a legacy of $600 to the children of Joseph Walls, the defendants in error.
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Error to the Common Pleas of Huntingdon county, John Walls, being the owner of three farms, made his will on the 18th day of July 1844, wherein and whereby he devised one of these farms to his son Hli, his heirs and assigns for ever; subject nevertheless to, and charged and chargeable with a legacy of $600 to the children of Joseph Walls, the defendants in error. On the 27th of May 1847, the said John Walls, being still in full life, agreed to sell to his son James Walls, for the sum of $3000, the farm he had previously devised to Eli Walls, and upon which the legacy of $600 to defendants in…
1Opinion of the Court
The opinion of the court was delivered June 12, by
Bell, J.
— As is truly said in Walton v. Walton, 7 Johns. Ch. Rep. 258, and elsewhere, in applying the doctrine of ademption, it is sometimes extremely difficult to perceive the distinction attempted to be kept up between specific, demonstrative, and general pecuniary legacies. Many of the English cases rest upon points of difference so refined as often to baffle the most microscopic examination ; a subtlety referable to an anxious desire to treat bequests as general or demonstrative, wherever the slightest pretext can be *281found for such a…
2Cases cited3 opinions
- Walton v. WaltonNew York Court of Chancery · 1823
- Lobach's CaseSupreme Court of Pennsylvania · 1837
- Downer v. DownerSupreme Court of Pennsylvania · 1839
3Cited by17 opinions
- Crawford's EstateSupreme Court of Pennsylvania · 1928
- Wilson's EstateSupreme Court of Pennsylvania · 1918
- Nakoneczny EstateSupreme Court of Pennsylvania · 1974
- Forsyth's EstateSupreme Court of Pennsylvania · 1939
- Hammer's EstateSupreme Court of Pennsylvania · 1893
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