Legal Opinion

Yarnall's Appeal

Supreme Court of Pennsylvania

Decided May 13, 1872PublishedCited by 20 opinions

Appeal from the decree of the Orphans’ Court of Philadelphia: Of January Term 1871, No. 91.' The question in this case was the proper construction of the will of Hannah Ellis, deceased.

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Appeal from the decree of the Orphans’ Court of Philadelphia: Of January Term 1871, No. 91.' The question in this case was the proper construction of the will of Hannah Ellis, deceased. Sarah Byrnes, by a codicil, dated January 17th 1855, to her will, made the following provision :— “And it- is my will ■ that "after the decease of my granddaughter Hannah A. Ellis, the estate given, devised and bequeathed in my said will in trust for her use during her natural life with remainder over shall, after the decease of the said Hannah A. Ellis, vest absolutely in such person or persons, and for such…

1Opinion of the Court

The opinion of the court was delivered, May 13th 1872, by

Agnew, J.

The estate in question came to Mrs. Hannah A. Ellis under the will of Mrs. Sarah Byrnes, her grandmother. Mrs. Byrnes devised and bequeathed it to Mrs. Ellis for life, with a power of appointment by will; and on failure to appoint with remainder to the same persons who would take it under the intestate law, if Mrs. Ellis had the absolute estate. Mrs. Ellis by her will devised and bequeathed the estate thus devised to Ellis Yarnall in trust for all her children living at her decease, and the issue of those then dead, the issue…

2Cases cited3 opinions

  1. Cochran v. O'HernSupreme Court of Pennsylvania · 1842
  2. Sisco v. CheeneyOhio Supreme Court · 1831
  3. Shoemaker v. HuffnagleSupreme Court of Pennsylvania · 1842

3Cited by20 opinions

  1. Thorne's EstateSupreme Court of Pennsylvania · 1942
  2. Shapley v. DiehlSupreme Court of Pennsylvania · 1902
  3. Glenn v. StewartSupreme Court of Pennsylvania · 1919
  4. Packer's EstateSupreme Court of Pennsylvania · 1914
  5. Stout v. GoodSupreme Court of Pennsylvania · 1914

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