Denlinger's Estate
Supreme Court of Pennsylvania
Appeal, No. 42, Jan. T., 1894, by Mary C. Benham, from decree of O. C. Lancaster Co., Jan. T., 1895, N0. 255, overruling exceptions to auditor’s report. Exceptions to auditor’s report. From the auditor’s report it appeared that Martin Denlinger died on February 10, 1893, leaving a will by which he directed, inter alia, as follows: “ 4th.
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Appeal, No. 42, Jan. T., 1894, by Mary C. Benham, from decree of O. C. Lancaster Co., Jan. T., 1895, N0. 255, overruling exceptions to auditor’s report. Exceptions to auditor’s report. From the auditor’s report it appeared that Martin Denlinger died on February 10, 1893, leaving a will by which he directed, inter alia, as follows: “ 4th. All the rest, residue and remainder of my estate Real, Personal and Mixed, I give and bequeath the interest and income thereof ‘ after the payment, of debts, Legacy, and incidental Expenses,’ unto her my said wife Susan, for and during her life time, and…
1Opinion of the Court
Opinion by
Mr. Justice Williams,
The general rule was correctly stated by the learned judge of the orphans’ court. A bequest to a number of persons not named, but answering a general description, is a gift to them as a class. What persons constitute the class is to be ascertained when the time comes at which the gift takes effect: Gross’s Estate, 10 Pa. 360; Hunt’s Estate, 133 Pa. 260. Those persons only take in such case who are in being when the gift vests. But we have said on several occasions that this rule of construction is intended to settle the testator’s intentions where they do not…
2Cases cited4 opinions
- Estate of HuntPennsylvania Orphans' Court, Lehigh County · 1890
- Gross's EstateSupreme Court of Pennsylvania · 1849
- Sorver v. BerndtSupreme Court of Pennsylvania · 1849
- Horwitz v. NorrisSupreme Court of Pennsylvania · 1869
3Cited by17 opinions
- Packer's EstateSupreme Court of Pennsylvania · 1914
- Riverside Trust Co. v. TwitchellSupreme Court of Pennsylvania · 1941
- Wood's EstateSupreme Court of Pennsylvania · 1936
- Worstall's EstateSuperior Court of Pennsylvania · 1936
- Brundage's EstateSuperior Court of Pennsylvania · 1908
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