Miner v. Atherton's
Supreme Court of Pennsylvania
Error to the Common Pleas of Luzerne county. This was an action of assumpsit by Charles A. Miner and Eliza R. his wife, against Thomas E. Atherton, executor of Elisha Atherton, deceased, to recover a legacy of $1400 given by the will of the testator to his daughter, the said Eliza R. Miner.
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Error to the Common Pleas of Luzerne county. This was an action of assumpsit by Charles A. Miner and Eliza R. his wife, against Thomas E. Atherton, executor of Elisha Atherton, deceased, to recover a legacy of $1400 given by the will of the testator to his daughter, the said Eliza R. Miner. The parties agreed upon a case stated, in the nature of a special verdict, in which the following facts were submitted for the opinion of the court:— On the 23d April 1846, Elisha Atherton, the testator, made his last will and testament, in which he made the following provision for his daughter Eliza, then…
1Opinion of the Court
The opinion of the court was delivered by
Read, J.
A legacy by a father to a child is understood as a portion, because it is a provision by a parent for his child. If the father afterwards advances a portion for that child, it will be an ademption of that legacy, in whole or in part, as the advancements are larger, or equal to, or less, than the testamentary portion. And this may be the case, although there may be a wide difference between the limitations of the portion under the will, and the limitations of the portion under the settlement: Lord Durham v. Wharton, 3 Clark & Finelly 146. And…
2Cited by8 opinions
- Alexander's EstateSuperior Court of Pennsylvania · 1924
- Wilson v. SmithU.S. Circuit Court for the District of Eastern Pennsylvania · 1902
- Benson's EstateSupreme Court of Pennsylvania · 1904
- Glessner's EstatePennsylvania Orphans' Court, Montgomery County · 1940
- In re Estate of Garratt, Superior Court of California, County of San Francisco1892
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