Ruston v. Ruston
Supreme Court of Pennsylvania
Debt. Pleas nil debet and payment. This cause come on to be tried in bank January 8th, 1795, when it was agreed, that a verdict should be given for the plaintiffs for 2096i. 13s. 4£d. without argument, subject to the court’s opinion on the will of the testator, a,nd the following facts.
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Debt. Pleas nil debet and payment. This cause come on to be tried in bank January 8th, 1795, when it was agreed, that a verdict should be given for the plaintiffs for 2096i. 13s. 4£d. without argument, subject to the court’s opinion on the will of the testator, a,nd the following facts. The will of Job Ruston bore date 17th January 1784, and after the usual introduction, run as follows : “And for the settling my temporal estate, I devise and bequeath in manner following: Imprimis, after my just and lawful debts and funeral charges are paid, I bequeath to my wife Edith 300i. according to our…
1Opinion of the Court
The court delivered their opinions seriatim.
M‘Kean C. J.
minutely stated the will and case at large, and then proceeded thus :
In case of an intestacy, the rule of law is clear, that simple contract debts, bonds, mortgages and specialties of every sort, must be paid by the administrators out of the personal estate, this being the natural fund for debts, though the younger children should be thereby left destitute; but where there is a will, the testator can substitute other funds in the place of the personal estate. What .has Job Ruston willed in this particular ? is the question.
The intention…
2Cited by10 opinions
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- In re Estate of PietSuperior Court of Pennsylvania · 2008
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