Weaver's Estate
Superior Court of Pennsylvania
Appeal, No. 127, Oct. T., 1908, by the Pennsylvania Trust Company, Administrator of Franklin H. Weaver, deceased, from decree of O. C. Berks Co., dismissing exceptions to adjudication in Estate of Franklin Weaver, deceased. Exceptions to adjudication.
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Appeal, No. 127, Oct. T., 1908, by the Pennsylvania Trust Company, Administrator of Franklin H. Weaver, deceased, from decree of O. C. Berks Co., dismissing exceptions to adjudication in Estate of Franklin Weaver, deceased. Exceptions to adjudication. Before Bland, P. J. Testator directed as follows: ■ “ 7. I give, devise and bequeath to my nephew Franklin H. Weaver the sum of $1,000 to be paid to him on his arriving at the age of (25) twenty-five years, provided he in the judgment of my executor, then is responsible and competent to be entrusted with the same otherwise this bequest shall…
1Opinion of the Court
Opinion by
Henderson, J.,
The form of the bequest to Franklin H. Weaver and the evidence taken in this proceeding leave no room for doubt that the testator had in view the legatee’s mental condition when giving direction in regard to the payment of the legacy. The legatee was feeble-minded during his whole life. The will was made when he was ten years of age and the testator apparently hoped that he might improve in this respect; hence, the provision of the bequest that payment should be made when he would arrive at the age of twenty-five years, provided he should in the judgment of the…
2Cases cited5 opinions
- Millard's AppealSupreme Court of Pennsylvania · 1878
- In re Estate of MoranSuperior Court of Pennsylvania · 1900
- Stone v. MasseySupreme Court of Pennsylvania · 1798
- Donner's AppealSupreme Court of Pennsylvania · 1841
- Culin's AppealSupreme Court of Pennsylvania · 1853
3Cited by3 opinions
- Commonwealth v. FeagleySupreme Court of Pennsylvania · 1988
- Commonwealth v. FeagleySupreme Court of Pennsylvania · 1988
- Fetrow's EstateSuperior Court of Pennsylvania · 1917