Ritter v. Fox
Supreme Court of Pennsylvania
Error, to the District Court of the City and County of Philadelphia, to remove the record of an action on the case brought by Samuel Ritter and Catharine, his wifé, against Michael Fox and Samuel Fox, executors of the will of Christian Lybrand, deceased.
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Error, to the District Court of the City and County of Philadelphia, to remove the record of an action on the case brought by Samuel Ritter and Catharine, his wifé, against Michael Fox and Samuel Fox, executors of the will of Christian Lybrand, deceased. The action was brought to recoyer one-seventh of one nineteenth part of the sum of $32,370 37, in the hands of the defendants, being the share of the estate of Christian Lybrand, deceased, alleged to have been bequeathed to'Catharine Ritter, one of his grand-nieces, and a plaintiff in the case, by his will, dated the 23d of March, 1824, and a…
1Opinion of the Court
The opinion of the court was delivered by
Kennedy, J.
It seems to be conceded by the counsel for the plaintiffs, that from the face of the will itself, the wife being a grandniece, and not a niece of the testator, she could not be considered as comprehended and entitled to claim as a legatee, under the denomination of “niece.” But it is contended that, with the aid of the parol evidence which the court below1 would not suffer the plaintiffs to give, it would appear that the testator intended that the children of Elizabeth Stichter, his niece, who, being dead at the time of making the will,…
2Cited by2 opinions
- Barnett's AppealSupreme Court of Pennsylvania · 1883
- Kessler's EstatePennsylvania Orphans' Court, Philadelphia County · 1926