Legal Opinion

Santee v. Santee

Supreme Court of Pennsylvania

Decided May 5, 1870PublishedCited by 7 opinions

Error to the Court of Common Pleas of Northampton county: No. 80, of July Term 1869. Joseph Santee died on the 28th of September 1861. After his death there was found amongst his papers an instrument in his own handwriting purporting to be his will, but not signed.

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Error to the Court of Common Pleas of Northampton county: No. 80, of July Term 1869. Joseph Santee died on the 28th of September 1861. After his death there was found amongst his papers an instrument in his own handwriting purporting to be his will, but not signed. The paper contained the following provisions:— “ 2. I give and bequeath unto my wife Sarah all my household goods and kitchen furniture, &c., and one cow; and also the use and occupancy in my dwelling-house during her lifetime, or so long as she may choose to occupy the same herself, the small room, &c., and stable-room in the barn…

1Opinion of the Court

The opinion of the court was delivered,

by Agnew, J.

— Whether we take for our guide the will of Joseph Santee, or the judgment-bond given by Simon Santee to Sarah San-tee, we think the result is the same; the provision made for her is for life. The general intent of the testator to provide for his widow during her lifetime, is too plain for argument. It is manifested distinctly in the reservation of the purchase-money payable to Simon and Joseph William for the land devised to them, and the payment of interest to the widow during life, and the reserved principal to her death. It is also…

2Cases cited3 opinions

  1. Fleming v. PotterSupreme Court of Pennsylvania · 1838
  2. Hamilton v. CalhounSupreme Court of Pennsylvania · 1833
  3. Stewart v. MorrowSupreme Court of Pennsylvania · 1855

3Cited by7 opinions

  1. Hopkins Manufacturing Co. v. KettererSupreme Court of Pennsylvania · 1912
  2. Pantano v. Zamer Motor Sales Co.Superior Court of Pennsylvania · 1952
  3. Goodwin v. HecklerSupreme Court of Pennsylvania · 1916
  4. Brown v. HillSupreme Court of Pennsylvania · 1924
  5. Foreman v. Hilton Co.Court of Appeals for the Seventh Circuit · 1922

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