McConomy's Estate
Supreme Court of Pennsylvania
Appeal, No. 362, Jan. T., 1895, by Henry Carpenter, from decree of O. C. Lancaster Co., dismissing exceptions to auditor’s report. Exceptions to auditor’s report.
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Appeal, No. 362, Jan. T., 1895, by Henry Carpenter, from decree of O. C. Lancaster Co., dismissing exceptions to auditor’s report. Exceptions to auditor’s report. From the record it appeared that the material portions of testator’s will were as follows: “ 3. After the death of my wife, Rebecca, let the real estate and personal property be sold, or, if it can, be divided to the satisfaction of tbe heirs, so that each shall receive the amount that should be apportioned to them. . . . “ 6. After the foregoing amounts have been deducted then let the real estate and personal property be divided…
1Opinion of the Court
Opinion by
Mr. Justice Fell,
The intention of the testator at the time of the execution of his will was to make an equal division of the residue of his estate among his children. There is no indication of a change of purpose, but in order that his intention should not be defeated by what had occurred afterward he directed by a codicil that nine hundred dollars should be deducted .from the share of his son H. R. McConomy. The language of the codicil is not clear, but the testator’s intention seems to have been to charge his son’s share with an amount which he had paid on his account. He speaks…
2Cited by10 opinions
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