Legal Opinion

Hodnett's Estate

Supreme Court of Pennsylvania

Decided May 8, 1893No. Appeal, No. 461PublishedCited by 6 opinions

Appeal, No. 461, Jan. T., 1893, by Rev. N. J. O’Reilly, legatee, from decree of O. C. Blair Co., June T., 1893, distributing estate of Ellen Hodnett. Adjudication of account of N. J. O’Reilly and M. E. Buckley, executors of Ellen Hodnett, deceased. The account was referred to A. J. Riley, Esq., as auditor, from whose report appear the facts as stated in the opinion of the Supreme Court.

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Appeal, No. 461, Jan. T., 1893, by Rev. N. J. O’Reilly, legatee, from decree of O. C. Blair Co., June T., 1893, distributing estate of Ellen Hodnett. Adjudication of account of N. J. O’Reilly and M. E. Buckley, executors of Ellen Hodnett, deceased. The account was referred to A. J. Riley, Esq., as auditor, from whose report appear the facts as stated in the opinion of the Supreme Court. The auditor awarded one half of the residue to the Rev. N. J. O’Reilly, pastor of the St. John’s R. C. Church of Altoona, Pa., as a personal legacy unaffected by a trust, citing Evangelical Association’s Ap.,…

1Opinion of the Court

Opinion by

Mr. Chief Justice Sterrett,

This contention arose in the distribution of $1,015.26, representing net residuary personal estate of Mrs. Ellen Hodnett who resided in Altoona and died there, testate, on July 8,1888. The eighth clause of her will as originally published is as follows : “ The rest, residue and remainder of my estate I give and bequeath to the Passionist Monastery at Pittsburgh, Pa.” Two days before her decease she executed the following codicil thereto: “Now, 6 July 1888, as a codicil to the foregoing-will, I direct the portion directing my executors to procure a chalice…

2Cases cited2 opinions

  1. Hoge v. HogeSupreme Court of Pennsylvania · 1832
  2. Schultz's AppealSupreme Court of Pennsylvania · 1876

3Cited by6 opinions

  1. O'Donnell's EstateSupreme Court of Pennsylvania · 1904
  2. Bickley's EstateSupreme Court of Pennsylvania · 1921
  3. Flood v. RyanSupreme Court of Pennsylvania · 1908
  4. Brody EstatePennsylvania Orphans' Court, Philadelphia County · 1962
  5. Flood v. RyanSupreme Court of Pennsylvania · 1908

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