Derbyshire's Estate
Supreme Court of Pennsylvania
Appeal, No. 374, Jan. T., 1912, by Caroline D. Schelling and the Contributors to the Pennsylvania Hospital, from decree of O. C., Philadelphia Co., April T., 1880, No. 482, dismissing exceptions to adjudication in Estate of Alexander J. Derbyshire, deceased. Exceptions to adjudication of twelfth, account of surviving trustees.
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Appeal, No. 374, Jan. T., 1912, by Caroline D. Schelling and the Contributors to the Pennsylvania Hospital, from decree of O. C., Philadelphia Co., April T., 1880, No. 482, dismissing exceptions to adjudication in Estate of Alexander J. Derbyshire, deceased. Exceptions to adjudication of twelfth, account of surviving trustees. The facts are stated in the opinion of the Supreme Court and in Biddle’s Appeal, 99 Pa. 525. The court made a decree dismissing exceptions to the adjudication and this appeal followed. Error assigned, was the action of the court in dismissing the exceptions.
1Opinion of the Court
Per Curiam,
The time fixed by the testator himself has not yet arrived when his testamentary trustees are “to convey, assign and transfer” his residuary estate to the Contributors to the Pennsylvania Hospital, for Caroline Derbyshire (now Schelling) still lives; and neither she nor his residuary legatees, nor both together, may *391thwart his will. In construing it in Biddle’s App., 99 Pa. 525, we said what we now repeat, for it is conclusive of the correctness of the decree of the court below: “Why then shall the clear and explicit directions of the testator be disobeyed? His right to postpone…
2Cases cited2 opinions
- Appeal of BiddleSupreme Court of Pennsylvania · 1882
- Bainbridge's AppealSupreme Court of Pennsylvania · 1881
3Cited by8 opinions
- Stafford's EstateSupreme Court of Pennsylvania · 1917
- Harrar's EstateSupreme Court of Pennsylvania · 1914
- Stewart's EstateSupreme Court of Pennsylvania · 1916
- Packer's EstateSupreme Court of Pennsylvania · 1914
- Derbyshire's EstateSupreme Court of Pennsylvania · 1932
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