Public-domain · open source
OpenJurist

2 Yeates 433

Sample v. Sample

Supreme Court of Pennsylvania

Decided March 15, 1799

Supreme Court of Pennsylvania · decided 1799-03-15

Case stated in, dower of lands in Cumberland county. John Sample, the late husband of the demandant, being seized of the lands in question, made his will dated 3d September 1792, and thereby devised to her sundry specific articles, and also “ 200i. to be paid to her in cash, one year after the sale of his real estate.” He then directs, that his wife Kissiah and his three sons John, Chambers and Samuel and his daughter Elizabeth, should live together on his real estate, and…

Decided 1799-03-15

Pwr «<f.

¶1It does not necessarily follow from the words of the will, that the 200Z. to be paid to the widow was to be raised out of the sale of the real estate. It is possible such was the testator’s intention, but he has not expressed it. It may be, volmit sed non dixit; the words are, that the money shall be paid one year after the sale of his real estate. It does not appear to us, that there is such an absolute inconsistency and repugnancy in this devise to her claim of dower, as can bar her right at common law.

¶2Judgment for the demandant.

/2/yeates/433 · .json · Public domain