Legal Opinion

Yard's Appeal

Supreme Court of Pennsylvania

Decided January 28, 1878PublishedCited by 9 opinions

Appeal from the decree of the Orphans’ Court of Philadelphia county: Of January Term 1877, No. 76. Appeal of Charles Yard from the decree of the court confirming the report of the auditor in the estate of Mary'P. Loxley, deceased.

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Appeal from the decree of the Orphans’ Court of Philadelphia county: Of January Term 1877, No. 76. Appeal of Charles Yard from the decree of the court confirming the report of the auditor in the estate of Mary'P. Loxley, deceased. The ' controversy arose over the construction to be given to the following codicil of decedent’s will:— “And whereas, I have given unto my friends, John Yard, Jr., and Charles Yard, certain bequests : Now, in addition to the same and in consideration of the long and faithful services by them, both as agents and friends, and from the care and attention bestowed on my…

1Opinion of the CourtChief Justice Agnew

We have but a single question in this case, whether a bequest to “ John Yard, Jr., and Charles Yard, of all the City of Philadelphia loans of every description now' standing in my name, amounting in all to the sum of $116,300, or the equivalent of the same in money, should I dispose of the same, or any part thereof, during my lifetime,” contained in the will of Mary P. Loxley, survived to Charles Yard on the death of John Yard, Jr., before the death of the testatrix, or whether John Yard’s share lapsed.

This question is really settled by the decision in Kennedy’s Appeal, 10 P. F. Smith 511. It…

2Cited by9 opinions

  1. TEACHER v. KijurinaSupreme Court of Pennsylvania · 1950
  2. Packer's EstateSupreme Court of Pennsylvania · 1914
  3. Holohan v. MelvilleWashington Supreme Court · 1952
  4. Estate of BruceSupreme Court of Pennsylvania · 1988
  5. Howell, Exr. v. KlineSuperior Court of Pennsylvania · 1944

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