4 Watts 130 | Pa. | 1835
The opinion of the Court was delivered by
—It would be tedious to refer to the numerous authorities to be found in the books on the subject of vested and contingent legacies payable out of personal estate. It is sufficient to say, that by the settled construction of such bequests as the present, as well as the intent appearing on the face of this will, the legacy to the plaintiff was vested. In the commencement of the clause, the testator gives to his nephew, Alexander Cobeau, “ the interest arising from one share of five per cent state stock, the nominal share being 1000 dollars,” and this gift, if it stood alone, would convey the whole right in the stock. A bequest of the use or interest of a thing is considered as a bequest of the thing itself. Fonnereau v. Fonne
Judgment affirmed.