Legal Opinion

Estate of Kennedy

Supreme Court of Pennsylvania

Decided February 27, 1899No. Appeal, No. 120PublishedCited by 2 opinions

Appeal, No. 120, Jan. T., 1898, by William L. Kennedy, from decree of O. C. Chester Co., dismissing exceptions to auditor’s report. Exceptions to report of auditor, Robert S. Waddell, Esq. From the record it appeared that testatrix died on April 26, 1896, leaving the following letter addressed to her children: “ May 9th, 1892. “ My Dear Children: — This is a piece of writing I hope you will all be satisfied with, and carry out as I desire it should be.

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Appeal, No. 120, Jan. T., 1898, by William L. Kennedy, from decree of O. C. Chester Co., dismissing exceptions to auditor’s report. Exceptions to report of auditor, Robert S. Waddell, Esq. From the record it appeared that testatrix died on April 26, 1896, leaving the following letter addressed to her children: “ May 9th, 1892. “ My Dear Children: — This is a piece of writing I hope you will all be satisfied with, and carry out as I desire it should be. I have not very much to leave you, but what I have I hope you will take care of and put to good use. You will first give to the Presbyterian…

1Opinion of the Court

Per Curiam,

In her last will, written in the form of a letter addressed to her children, the testatrix, Eliza L. Kennedy, provided, inter alia, as follows:

“My two sons William Kennedy and Fred. Kennedy will share alike after except $2,000 that Fred, owes my estate without interest, if neither of my sons have children the principal will come back to Clara’s children. Clara will get her fall share.”

At the date of the will the testatrix had four children, viz: Jennie K. Talbot, a widow without children, William L. Kennedy, married but without issue, Frederick S. Kennedy, unmarried, and Clara L.…

2Cited by2 opinions

  1. Carroll v. Carroll's Ex'rCourt of Appeals of Kentucky (pre-1976) · 1933
  2. Patton's EstateSuperior Court of Pennsylvania · 1922

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