Wagner's Appeal
Supreme Court of Pennsylvania
Appeal from the Orphans’ Court of Philadelphia county. This was an appeal by Samuel Wagner, as trustee of his wife Emily and children, from the decree of the Orphans’ Court, distributing the estate of James S. Duval, deceased, in the hands of Samuel Wagner and Oeorge B. Rodney, who were surviving trustees under the will of said deceased.
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Appeal from the Orphans’ Court of Philadelphia county. This was an appeal by Samuel Wagner, as trustee of his wife Emily and children, from the decree of the Orphans’ Court, distributing the estate of James S. Duval, deceased, in the hands of Samuel Wagner and Oeorge B. Rodney, who were surviving trustees under the will of said deceased. James S. Duval died in 1842, having first made his will, dated March 18th 1842, and a codicil thereto, dated March 22d 1842, which were proved at Philadelphia, April 19th 1842. By the codicil he devised the residue of his real estate to Lewis Duval, since…
1Opinion of the Court
The opinion of the court was delivered,
by Strong, J.
— The solution of both the questions raised by this appeal depends upon the intention of James S. Duval, deceased, as expressed in his will. It appears that during his life, he had made very unequal advancements to his children, and had kept a book, in which he had charged each child with the property advanced. By his will he directed the residue of his estate, after the death of his widow, and the determination of her life interest, to be distributed among his several children who might be living, and the issue of such as might have died,…
2Cases cited1 opinion
- Hatch v. StraightSupreme Court of Connecticut · 1819
3Cited by8 opinions
- Laughlin EstateSupreme Court of Pennsylvania · 1945
- Harris v. Harris's EstateSupreme Court of Vermont · 1909
- Thomas's ElectionSupreme Court of Pennsylvania · 1901
- Smith EstateSupreme Court of Pennsylvania · 1944
- Laughlin EstateSuperior Court of Pennsylvania · 1945
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