Legal Opinion

Weir's Estate

Pennsylvania Orphans' Court, Philadelphia County

Decided January 5, 1940No. 3243 of 1939Published

1Opinion of the Court

Van Dusen, P. J.,

Testatrix disposed of the residue of her estate as follows:

“The rest to be divided equally to children of Wm. T. and Matilda Weir. David G. Sloan and Harriet A. Sloan. Wm. McCreary and Sarah E. McCreary.”

*214The auditing judge held that this indicated a per capita distribution, and we agree with him. In Davis’ Estate, 319 Pa. 215, and in Garnier v. Garnier, 265 Pa. 175, the general rule is quoted from Jarman on Wills (5th ed.) 756, and approved:

“Where a gift is to the children of several persons, whether it be the children of A and B, or to the children of A and the children of…

2Cases cited5 opinions

  1. Davis's EstateSupreme Court of Pennsylvania · 1935
  2. Risk's AppealSupreme Court of Pennsylvania · 1866
  3. Brundage's EstateSuperior Court of Pennsylvania · 1908
  4. Garnier v. GarnierSupreme Court of Pennsylvania · 1919
  5. Harris's EstateSupreme Court of Pennsylvania · 1874

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API