Provenchere's Appeal
Supreme Court of Pennsylvania
Appeal from the decree of the Orphans’ Court of Philadelphia: Of January Term 1871, No. 162. This appeal arose from the decree of distribution of the balance found to be in the hands of William V. Keating, trustee under the will of Peter Provenchere, deceased, who died in 1825, having made his will dated the 8th of September in that year; by which, amongst other things, he devised a tract of land to the children of a son, and further devised and bequeathed as follows :— “ I…
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Appeal from the decree of the Orphans’ Court of Philadelphia: Of January Term 1871, No. 162. This appeal arose from the decree of distribution of the balance found to be in the hands of William V. Keating, trustee under the will of Peter Provenchere, deceased, who died in 1825, having made his will dated the 8th of September in that year; by which, amongst other things, he devised a tract of land to the children of a son, and further devised and bequeathed as follows :— “ I devise and bequeath unto John Keating of Philadelphia and Jerome Keating of the county of Philadelphia, all my estate…
1Opinion of the Court
.The opinion of the court was delivered,
by Sharswood, J.
There are no arbitrary or unbending rules in the construction of the words of a will. No two wills are in all respects alike. Where indeed the same precise form of expression occurs as may have been the subject of some former adjudication, unaffected by any indication of a different intention in other parts of the instrument, the courts, with a view to certainty and stability of titles, will follow the precedent. Counsel can thus be enabled to advise with confidence. Nevertheless; the cardinal canon still holds good, that the intention…
2Cases cited2 opinions
- King v. KingSupreme Court of Pennsylvania · 1841
- Schriver v. CobeauSupreme Court of Pennsylvania · 1835
3Cited by24 opinions
- Packer's EstateSupreme Court of Pennsylvania · 1914
- Long's EstateSupreme Court of Pennsylvania · 1921
- Coddington v. . StoneSupreme Court of North Carolina · 1940
- Alburger's EstateSupreme Court of Pennsylvania · 1922
- Harrar's EstateSupreme Court of Pennsylvania · 1914
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