David Hackadorn's Appeal
Supreme Court of Pennsylvania
Appeal from the decree of the Common Pleas of Huntingdon, distributing money.- May 29. Jacob Gooshorn made a will which bears date the 12th September, 1829, and was proved the 13th August, 1833. He devised to his wife the privilege of his old mansion house he then lived in, during her life, if she should choose to live therein, and he then bequeathed to her two cows, and bed and bedding, one cupboard, -and the third of all rents or shares of all grain and hay that might be…
Read the full summary
Appeal from the decree of the Common Pleas of Huntingdon, distributing money.- May 29. Jacob Gooshorn made a will which bears date the 12th September, 1829, and was proved the 13th August, 1833. He devised to his wife the privilege of his old mansion house he then lived in, during her life, if she should choose to live therein, and he then bequeathed to her two cows, and bed and bedding, one cupboard, -and the third of all rents or shares of all grain and hay that might be raised on the land, he would thereafter lay off to his son, William Gooshorn. The will then proceeds, “ and it is my will…
1Opinion of the Court
The opinion of this court was delivered by
Rogers, J.
It is very properly the inclination of the court to avoid unnecessarily the creation of a multiplicity of liens; for when liens are encouraged, it causes perplexity in the transfer of real property by the difficulty and uncertainty of determining their existence. It is very often difficult for creditors and purchasers to determine whether an encumbrance be created or not; and hence the courts have uniformly held, that to create a charge or lien in favour of a legatee, the testator must express his intention to that effect, by direct…
2Cases cited1 opinion
- Kirk v. DeanSupreme Court of Pennsylvania · 1810
3Cited by5 opinions
- South Mahoning TP. v. MarshallSupreme Court of Pennsylvania · 1891
- Walters v. SteeleSuperior Court of Pennsylvania · 1899
- Estate of KnaubYork County Orphans' Court · 1891
- Gingrich's EstateSuperior Court of Pennsylvania · 1908
- Tillia's EstatePennsylvania Orphans' Court, Lawrence County · 1922