Legal Opinion

Jamison v. Brady

Supreme Court of Pennsylvania

Decided April 16, 1821PublishedCited by 4 opinions

In Error. ON a writ of error to the Common Pleas of Bucks , , , , _ „ county, the record presented the following case : Robert Brady and wife, the plaintiffs below, brought an , _ A , , _ action against the executors of Henry Jamison, deceased, for reCovery °f a legacy of2000 dollars bequeathed by the will of the said Henry Jamison to his sister, Martha Brady. The . «inn* _ bequest was m the following terms: UI give to Martha Brady 2000dollars for her own use.”

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In Error. ON a writ of error to the Common Pleas of Bucks , , , , _ „ county, the record presented the following case : Robert Brady and wife, the plaintiffs below, brought an , _ A , , _ action against the executors of Henry Jamison, deceased, for reCovery °f a legacy of2000 dollars bequeathed by the will of the said Henry Jamison to his sister, Martha Brady. The . «inn* _ bequest was m the following terms: UI give to Martha Brady 2000dollars for her own use.” Atthe time the will was made, and also at the death of the testator, Martha was the wife of Robert Brady, who, at both those periods,…

1Opinion of the Court

Tilghman C. J.,

delivered the opinion of the Court.

The first matter for consideration is, whether the testator intended this legacy to be for the separate use of his sister, Mrs. Brady? And that he did intend it for her separate use, I have no doubt. The giving it for her own use is an uncommon expression, and denotes^some particular intention. If it had been intended barely to give the legacy, subject to the marital rights of the husband, it would have been sufficient to say, “ I give it to Martha BradyP But the addition *467of the words, for her own use, is tantamount to saying, not for the use…

2Cases cited2 opinions

  1. Yohe v. BarnetSupreme Court of Pennsylvania · 1808
  2. Torbert v. TwiningSupreme Court of Pennsylvania · 1795

3Cited by4 opinions

  1. Evans v. KnorrSupreme Court of Pennsylvania · 1833
  2. Stuart v. CommonwealthSupreme Court of Pennsylvania · 1839
  3. Heck v. ClippengerSupreme Court of Pennsylvania · 1847
  4. Duffy v. Insurance Co.Supreme Court of Pennsylvania · 1844

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