Dickinson v. Purvis
This text of 8 Serg. & Rawle 71 (Dickinson v. Purvis) is published on Counsel Stack Legal Research, covering Supreme Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
This is an action for a legacy bequeathed* by Joshua Byron, to his niece Elizabeth Dickinson. The testator gave five hundred pounds sterling to her and her.heirs.■ She died before him, leaving a husband and children. -.It is an unfortunate case, but the law is clear. The legacy was lapsed by the death of the legatee in the life of the testator. The word heirs, cannot operate in favour of the issue. It is an improper expression, because personal property does not go the heirs, but to the personal representative. But the testator intended, by that expression, only to denote the absolute property which he gave to his niece, in the legacy bequeathed to her. She was to have the whole. Her children were hot in the contemplation of the.testator, and could [72]*72take nothing by his will. We have an Act of Assembly £passeci jgth March, 1810) which prevents the lapse of legacies bequeathed to a child or other lineal descendant of the ^ . testator. But it does not reach the present case, and the Court is sorry for it. Judgment must be entered for the defendants.
Judgment for defendants.
Free access — add to your briefcase to read the full text and ask questions with AI
Related
Cite This Page — Counsel Stack
8 Serg. & Rawle 71, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dickinson-v-purvis-pa-1822.