Sauer v. Mollinger

Citations

• 138 Pa. 338
• 22 A. 89
• 1890 Pa. LEXIS 1284

Syllabus

<p>1. Assignments which allege error in sustaining the exceptions filed to the report of a master, but which do not set out the exceptions themselves specifically, are not in accordance with the Rules of the Supreme Court and will be held the same as none.</p> <p>2. Where the language of a will is plain, grammatically correct, and without ambiguity, the court may not strike out the name of one de.visee of land, directed to pay out a certain sum of money, and insert the name of another devisee, on the ground of a mistake of the scrivener.</p> <p>3. A devise of real estate with the provision: “ And, as the value of the property so bequeathed to her exceeds the value of the property by me bequeathed to my daughter Catharine, I direct that my said daughter Magdalena shall pay to my said daughter Catharine the sum of $300,” creates no charge upon the real estate devised.</p> <p>4. A decree in favor of the plaintiff, upon a bill in equity filed to obtain a construction of a last will and enforce payment of the purchase money on a sale of real estate devised, having been made without the question of jurisdiction being raised, the affirmance of the decree, on the case presented, is not to be taken as a precedent upon that question.</p>