Young's Appeals
Supreme Court of Pennsylvania
Appeals of Daniel Davis Young, Susan Young and Mary Y. Powers from the decree of’the Orphans’ Court of Allegheny county, making distribution of the estate of Daniel Davis, deceased: Of October and November Term, 1884, Nos. 184, 185, 186. At the audit of the account of Joel L. Bigham, executor of the will of Daniel Davis, deceased, the following facts appeared: Daniel Davis died on March 12th, 1883, leaving a will in which he provided as follows: “ Item second.
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Appeals of Daniel Davis Young, Susan Young and Mary Y. Powers from the decree of’the Orphans’ Court of Allegheny county, making distribution of the estate of Daniel Davis, deceased: Of October and November Term, 1884, Nos. 184, 185, 186. At the audit of the account of Joel L. Bigham, executor of the will of Daniel Davis, deceased, the following facts appeared: Daniel Davis died on March 12th, 1883, leaving a will in which he provided as follows: “ Item second. I give and devise unto my beloved wife Mary, her heirs and assigns forever, my household furniture and all personal property in the…
1Opinion of the CourtJustice Sterrett
In consequence of the widow's refusal to accept the provisions of the will, the testator’s scheme of distribution was necessarily disarranged, and, to some extent, the particular disposition he intended to make of his property was defeated ; but this result must be obviated as far as possible by compensating the disappointed objects of his bounty. Under the rigid rules of the common law this cannot be effected, and hence it is necessary to invoke the more plastic principles of equity which, in cases like the present, will treat the substituted devise and bequests to the wife as a trust for…
2Cases cited1 opinion
- Firth v. DennyMassachusetts Supreme Judicial Court · 1861
3Cited by8 opinions
- Disston's EstateSupreme Court of Pennsylvania · 1917
- Estate of FergusonSupreme Court of Pennsylvania · 1890
- St. Louis Union Trust Co. v. KernSupreme Court of Missouri · 1940
- Wyllner's EstateSuperior Court of Pennsylvania · 1917
- Armstrong v. WalkerSupreme Court of Pennsylvania · 1892
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