Ihrie's Estate
Supreme Court of Pennsylvania
Appeal, No. 383, Jan. T., 1894, by John L. Leary et al., grandchildren of Gen. Peter Ihrie, from decree of O. C. Northampton Co., dismissing exceptions to report of auditor distributing estate of Eliza M. Ihrie, deceased. Distribution of decedent’s estate. - Testatrix’s will was as follows: “ Easton 15th of August 1881 “ This is my last Will & Testament.
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Appeal, No. 383, Jan. T., 1894, by John L. Leary et al., grandchildren of Gen. Peter Ihrie, from decree of O. C. Northampton Co., dismissing exceptions to report of auditor distributing estate of Eliza M. Ihrie, deceased. Distribution of decedent’s estate. - Testatrix’s will was as follows: “ Easton 15th of August 1881 “ This is my last Will & Testament. I will & bequeath after all my debts are paid, that $800 be put upon interest by the Trustees of the Easton Cemetery and the interest to be kept to repair the monument & fence around the plot of my husbands the trustees are bound to keep the…
1Opinion of the Court
Opinion by
Mr. Justice Mitchell,
The testatrix wrote, “ the residue of my estate is to be divided between my husband’s grand children and the children of Ferdinand Poree.” Did she mean that the fifteen grandchildren should take one half, and the four Porees the other half, or did she mean a division per capita, one nineteenth to each ?
The word “ between ” refers properly to two, and not more. It is.true that it is not unfrequently used, especially by the uneducated, and colloquially, in the sense of “ among,” as referring to more than two objects. But that admittedly is not its correct use. The…
2Cases cited3 opinions
- Estate of GreenSupreme Court of Pennsylvania · 1891
- Osburn's AppealSupreme Court of Pennsylvania · 1883
- Young's AppealSupreme Court of Pennsylvania · 1877
3Cited by18 opinions
- Lenhart's EstateSupreme Court of Pennsylvania · 1942
- Davis's EstateSupreme Court of Pennsylvania · 1935
- Records v. FieldsSupreme Court of Missouri · 1900
- Garnier v. GarnierSupreme Court of Pennsylvania · 1919
- In re the Estate of DudleyNew York Surrogate's Court · 1938
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