Estate of Bruch
Supreme Court of Pennsylvania
Appeal, No. 436, Jan. T., 1897, by Elizabeth Knecht, from decree of O. C. Northampton Co., dismissing exceptions to adjudication. Exceptions to adjudication.
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Appeal, No. 436, Jan. T., 1897, by Elizabeth Knecht, from decree of O. C. Northampton Co., dismissing exceptions to adjudication. Exceptions to adjudication. From the report of William Beidelman, Esq., auditor, it appeared that W. J. H. Bruch executed a codicil to his will which read as follows : “ Codicil to will I bequeath Five Thousand Dollars that is the yearly income as long as she remains single bearing the name of Elizebeth Hamlin and after her death to go to ‘ Sematary ’ fund to keep my ‘ graven5 in repair. My Executors will have no right to have any claim on any property that I gave…
1Opinion of the Court
Per Curiam,
It is perfectly clear, and is established by numerous authorities, that the bequest in favor of Elizabeth Hamlin was not upon a condition in restraint of marriage. She was to enjoy the income of $5,000 so long as she remained single and bore the name of Elizabeth Hamlin. When she ceased to be single and to bear the name of Elizabeth Hamlin her right to the income was simply ended. The words of the bequest were merely a limitation of the time of enjoyment. Hotz’s Est., 38 Pa. 422, is precisely in point and rules this question. Many other cases cited in the appellee’s argument are in…
2Cases cited6 opinions
- Millard's AppealSupreme Court of Pennsylvania · 1878
- Van Rensselaer v. Dunkin's ExecutorsSupreme Court of Pennsylvania · 1855
- Hotz's EstateSupreme Court of Pennsylvania · 1861
- Campbell v. GilbertSupreme Court of Pennsylvania · 1841
- Appeal of the Pennsylvania Co. for Insurances on Lives & Granting AnnuitiesSupreme Court of Pennsylvania · 1877
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Suttner EstateSupreme Court of Pennsylvania · 1943
- Earle EstatePennsylvania Orphans' Court, Philadelphia County · 1951
- Osborne's Petition, Pennsylvania Court of Common Pleas, Susquehanna County1934
- de Krafft EstatePennsylvania Orphans' Court, Philadelphia County · 1967