Koppenhaffer v. Isaacs

Supreme Court of Pennsylvania

Koppenhaffer v. Isaacs

7 Watts 170

CourtSupreme Court of Pennsylvania

DecidedMay 15, 1838

StatusPublished

Cited by8 cases

This text of 7 Watts 170 (Koppenhaffer v. Isaacs) 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.

Bluebook

Koppenhaffer v. Isaacs, 7 Watts 170 (Pa. 1838).

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Opinion

Per Curiam.

The costs of an issue devisavit vel non must be borne by the parties, as they litigated for their individual interests and not for the benefit of the estate. The plaintiffs contended for their legacies under a supposititious will, and are no more entitled, as distributees, to contribution to the costs of litigation, than would a devisee, in the like circumstances, be entitled to the costs of an ejectment against the intestate’s heirs. It is a species of litigation of which the fund is not to bear the burthen.

Judgment below reversed, and judgment for defendants.

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Per Curiam.

The costs of an issue devisavit vel non must be borne by the parties, as they litigated for their individual interests and not for the benefit of the estate. The plaintiffs contended for their legacies under a supposititious will, and are no more entitled, as distributees, to contribution to the costs of litigation, than would a devisee, in the like circumstances, be entitled to the costs of an ejectment against the intestate’s heirs. It is a species of litigation of which the fund is not to bear the burthen.

Judgment below reversed, and judgment for defendants.

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Bluebook (online)

7 Watts 170, Counsel Stack Legal Research, https://law.counselstack.com/opinion/koppenhaffer-v-isaacs-pa-1838.

Opinion

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