Henry v. M'Closkey
Supreme Court of Pennsylvania
ERROR to the common pleas of Washington county. This was an action of assumpsit by Robert Henry, administrator of Hannah Henry, deceased, who had been his wife, against Elizabeth M’Closkey and Andrew Russell, executors of Robert M’Closkey, deceased, to recover his said wife’s share of the estate of her father, who was the defendant’s testator under the following circumstances:—Robert M’Closkey, by his last will and testament, thus disposed of his estate:— “I give and…
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ERROR to the common pleas of Washington county. This was an action of assumpsit by Robert Henry, administrator of Hannah Henry, deceased, who had been his wife, against Elizabeth M’Closkey and Andrew Russell, executors of Robert M’Closkey, deceased, to recover his said wife’s share of the estate of her father, who was the defendant’s testator under the following circumstances:—Robert M’Closkey, by his last will and testament, thus disposed of his estate:— “I give and bequeath to my beloved wife, Elizabeth, her heirs and assigns, the one-third part of my personal property, absolutely, and the…
1Opinion of the Court
The opinion of the court was delivered by
Kennedy, J.
The solution of the question raised in this case, depends upon the construction that is to be put upon the clause of the will which has given rise to it. ' If the direction of the testator to sell his real estate is to be considered as absolute, and a thing that he intended should be carried into effect, when Hannah, his youngest daughter, should come of full age, and his widow should *147agree to it; or if his widow should not agree to it during her life, then that it should be effected immediately upon her death, or if upon Hannah’s attaining…
2Cited by5 opinions
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- Peterson's AppealSupreme Court of Pennsylvania · 1879
- Henszey's EstateSupreme Court of Pennsylvania · 1908
- Scott's EstateSuperior Court of Pennsylvania · 1908
- Brown v. CommissionerUnited States Tax Court · 1953