Nichols v. Postlethwaite
Nichols v. Postlethwaite
2 U.S. 131; 2 Dall. 131; 1 L. Ed. 319; 1791 U.S. LEXIS 183
(United States Reports)
Cases that cite this one
18 later published cases cite this decision.
- Sands v. Smith (Pa. 1841)
- M'Lanahan v. Wyant (Pa. 1829)
- Barnet v. Washebaugh (Pa. 1827)
- Smith v. Baldwin (Greene County Court of Common Pleas 1924)
- Mulligan's Estate (Pa. 1893)
- Allegheny Nat. Bank of Pittsburgh v. Hays (U.S. Circuit Court for the District of Western Pennsylvania 1882)
- Okeson's Appeal (Pa. 1868)
- Shelters v. Johnson (New York Supreme Court 1862)
- McGlaughlin's v. McGlauglin's Administrator (Pa. 1854)
- Marcy's Estate (Pa. 1853)
- Rafferty v. Clark (New York Surrogate's Court 1851)
- Burkle v. Luce (New York Supreme Court 1844)
- Blenon's Estate (Pa. 1843)
- Luce v. Snively (Pa. 1835)
- Paxson v. Administrators of Potts (New Jersey Court of Chancery 1835)
- M'Grew v. M'Lanahan (Pa. 1829)
- Commonwealth ex rel. Beelman v. Shelby (Pa. 1825)
- Witman v. Norton (Pa. 1814)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion
—It is clear that nothing is given to the residuary devisee, but what remains after, payment of the legacies. These are a charge upon the testator’s real estate.
The money in the Sheriff’s hands must be first applied to the payment of these legacies, and the remainder must go to the plaintiff.
Referrees accordingly were appointed to ascertain the balance due to the legatees.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.