Sharpless's Estate
Supreme Court of Pennsylvania
Appeal, No. 161, Jan. T., 1905, by Anna Agnes Thomas, from decree of O. C. Phila. Co., Jan. T., 1904, No. 433, dismissing exceptions to adjudication in Estate of Nathan H. Sharpless, deceased. Exceptions to adjudication.
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Appeal, No. 161, Jan. T., 1905, by Anna Agnes Thomas, from decree of O. C. Phila. Co., Jan. T., 1904, No. 433, dismissing exceptions to adjudication in Estate of Nathan H. Sharpless, deceased. Exceptions to adjudication. The auditing judge, Penrose, J., stated the facts to be as follows : The decedent died, as stated in the adjudication filed October 14, 1904, of the account of Fanny M. Sharpless, administratrix c. t. a., July 8, 1903, having by Ms will, proved July 23, 1903, given Ms estate, subject to an annuity of $300 per annum to Anne McLaughlin for life, to his wife, Fanny M. Sharpless,…
1Opinion of the Court
Opinion by
Mr. Justice Stewart,
The proposition that a gift to several individuals described by their respective names, may be construed a gift to a class, if it is apparent from the will that the testator so intended, is not open to dispute. It is but a corollary of the larger and more comprehensive rule that subordinates everything in the construction of a will, to the expressed intention of the testator. If the diligence of counsel has not been rewarded by finding a case in our reports where such a gift has been held to be a gift to a class, it only goes to show how convincing to the common…
2Cited by11 opinions
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- Billings's EstateSupreme Court of Pennsylvania · 1920
- Peck v. PeckWashington Supreme Court · 1913
- Stone v. StoneWisconsin Supreme Court · 1916
- Westerfelt v. SmithSupreme Court of Iowa · 1926
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