Administratrix of Rothmahler v. Myers

CourtListener 7466612ScctappFeb 15, 1812

Full text

From this decree there was an appeal on the following grounds:

First, — Because the decree was contrary to the evident intention of the testator.

Second, — Because, that by the words of the testator, according to their true import and grammatical construction, the complainant as administratrix, was entitled to one sixth of the personal estate.

Third, — Because the opinion of the chancellor that an executor who had not qualified, was not entitled to a legacy, is contrary to law.

The appeal came to a hearing at Columbia. — Present, Chancellors Desaussure, Gaiilard, Waties, James and Thompson.

After argument, the court unanimously affirmed the decree.

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