Lewis' Appeal
Supreme Court of Pennsylvania
Appeal from the decree of the Orphans’ Court, Philadelphia, on an auditor’s report upon the account of Eli K. Price, and J. B. Townsend, executors of the will of Edward S. Burd, deceased, who was surviving acting executor of the will of Elizabeth Powell, deceased.
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Appeal from the decree of the Orphans’ Court, Philadelphia, on an auditor’s report upon the account of Eli K. Price, and J. B. Townsend, executors of the will of Edward S. Burd, deceased, who was surviving acting executor of the will of Elizabeth Powell, deceased. The appeal was- entered- by Samuel N. Lewis and Sophia H., his wife, in right- of said Sophia and Rebecca H. Francis; Nathaniel Burwell and Dorothy W., his wife, in right of said Dorothy; Jonathan M. Wainwright and Maria, his wife, in right of said Maria; Joseph Pleasants and Anne F., his wife, in right of said Anne, and Anne…
1Opinion of the Court
The opinion of the Court, was delivered by
Lowrie, J.
Acts of Assembly, being the expression of the general mind, have a consistency of intention, which allows us to start with the presumption that those in pari materia have the same general purpose; and this enables us to apply, with great advantage, the aid of analogous construction. But in all the variety of principles, motives, and objects by which individual minds are governed, these aids have a very uncertain value; for we cannot assume, in the comparison of one will with another, that there is any community of intention between them.…
2Cited by12 opinions
- Fidelity Union Trust Co. v. RobertSupreme Court of New Jersey · 1962
- Vandergrift EstateSupreme Court of Pennsylvania · 1962
- Fox's EstateSupreme Court of Pennsylvania · 1908
- Galli's EstateSupreme Court of Pennsylvania · 1941
- Estate of Martin v. CommissionerUnited States Tax Court · 1955
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