Seibert's Appeal
Supreme Court of Pennsylvania
Appeal from the decree of the Court of Common Pleas of Berks county, by Christian Seibert, trustee of Margaret Roland, under the will of Henry Hirsh, deceased. Margaret Roland was the daughter of said testator. Her share of the proceeds of the sale of the real and personal estate of said testator was vested in said trustee.
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Appeal from the decree of the Court of Common Pleas of Berks county, by Christian Seibert, trustee of Margaret Roland, under the will of Henry Hirsh, deceased. Margaret Roland was the daughter of said testator. Her share of the proceeds of the sale of the real and personal estate of said testator was vested in said trustee. She to have the benefit and interest of the same during her natural life, for her sole and separate use, without any hindrance from her husband Samuel Roland. After her decease, her said share to be divided among her children, share and share alike, as they arrive at the…
1Opinion of the Court
The opinion of the court was delivered by
Rogers, J.
To determine whether a legacy is vested or contingent, it is a matter of great moment in the first place, to ascertain whether the time is annexed to the gift or the payment of the legacy. If the former it is vested, if the latter, contingent. It is also a general rule, that where there is no separate and antecedent gift, which is independent of the directions as to time of payment, the legacy is contingent, for it is deemed vested, or contingent, as the time shall appear to be annexed to the gift, or payment of it, 9 W. 407; Moore vs. Smith,…
2Cases cited2 opinions
- Magoffin v. PattonSupreme Court of Pennsylvania · 1833
- Reed v. BuckleySupreme Court of Pennsylvania · 1843
3Cited by2 opinions
- Appeal of CogginsSupreme Court of Pennsylvania · 1889
- In Re Preston's EstateOregon Supreme Court · 1937